Illinois General Assembly - Full Text of HB6225
Illinois General Assembly

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Full Text of HB6225  97th General Assembly




State of Illinois
2011 and 2012


Introduced , by Rep. Bill Mitchell


720 ILCS 5/24-11 new

    Amends the Criminal Code of 1961. Provides that it is an affirmative defense to a violation of the unlawful use of weapons statute or the aggravated unlawful use of a weapon statute relating to the unlawful carrying or possession of a firearm in a vehicle or concealed on or about one's person if, at the time of the violation, the individual who is charged with the violation: (1) possessed a valid Firearm Owner's Identification Card, and had successfully completed a gun safety course approved by the Department of State Police that meets specified statutory requirements or (2) possessed a valid concealed carry license or permit issued by another state. Establishes the requirements for the gun safety courses and the qualifications of instructors. Effective immediately.

LRB097 22660 RLC 71442 b






HB6225LRB097 22660 RLC 71442 b

1    AN ACT concerning criminal law.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Criminal Code of 1961 is amended by by
5adding Section 24-11 as follows:
6    (720 ILCS 5/24-11 new)
7    Sec. 24-11. Affirmative defense to unlawful and aggravated
8unlawful use of weapons provisions; concealed carry license or
9permit issued by another state and firearms training by State
11    (a) It is an affirmative defense to a violation of
12subsections 24-1(a)(4) and 24-1(a)(10) and Section 24-1.6 of
13this Code if, at the time of the violation, the individual who
14is charged with the violation:
15        (1) possessed a valid Firearm Owner's Identification
16    Card, and had successfully completed a gun safety course
17    approved by the Department of State Police that meets the
18    requirements described in subsections (b) through (l) of
19    this Section; or
20        (2) possessed a valid concealed carry license or permit
21    issued by another state.
22    (b) A person asserting the affirmative defense described in
23paragraph (1) of subsection (a) of this Section shall, at or



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



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1a person who:
2        (1) does not follow the orders of the certified
3    firearms instructor;
4        (2) in the judgment of the certified firearms
5    instructor, handles a firearm in a manner that poses a
6    danger to the person or to others; or
7        (3) during the testing portion of the range work fails
8    to hit the silhouette portion of the target with 70% of the
9    30 rounds fired.
10    (f) The classroom portion of the course may, at the
11certified firearms instructor's discretion, be divided into
12segments of not less than 2 hours each.
13    (g) Training courses shall not be open to anyone under the
14age of 16 and no certificate of completion shall be issued to
15persons less than 21 years of age.
16    (h) Certified firearms instructors shall maintain all
17records for students' performance for not less than 5 years.
18    (i) Certified firearms instructors shall:
19        (1) allow monitoring of their classes by officials of
20    any certifying agency;
21        (2) make all course records available upon demand to
22    authorized personnel of the Department of State Police; and
23        (3) not divulge course records except as authorized by
24    the certifying agency.
25    (j) Fees for the course shall be set by the certified
26firearms instructor.



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1    (k) A course shall not have more than 40 students in the
2classroom portion nor more than 5 students per range officer
3engaged in range firing. For the purposes of this subsection
4(k), "range officer" means a person who is in charge of all or
5part of a firearms range and supervises firing on the range.
6    (l) Persons with the following training or certifications
7are exempt from the requirements of subsection (b):
8        (1) an NRA certified instructor;
9        (2) an individual who has qualified to carry a firearm
10    as a retired law enforcement officer;
11        (3) an active, retired, or honorably discharged member
12    of the armed forces who held a combat-related military
13    occupation specialty (MOS); or
14        (4) an individual certified as a law enforcement
15    instructor by the Illinois Law Enforcement Training
16    Standards Board or other equivalent agency.
17    (m) Not later than 30 days after the effective date of this
18amendatory Act of the 97th General Assembly, the Department of
19State Police shall establish a registry of certified firearms
20instructors who are eligible to teach courses or sign off on
21range qualifications, or both, to meet the requirements of
22subsections (b) through (l).
23    (n) Certified firearms instructors shall be eligible to
24teach courses and to certify range qualifications if they have
25one of the following valid firearms instructor certifications:
26        (1) National Rifle Association Personal Protection



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1    Instructor;
2        (2) National Rifle Association Pistol Marksmanship
3    Instructor;
4        (3) National Rifle Association Law Enforcement Firearm
5    Instructor with a certification for handguns;
6        (4) certification from a firearms instructor's course
7    offered by a State or federal governmental agency; or
8        (5) a similar firearms instructor qualifying course
9    approved by the Illinois Law Enforcement Training
10    Standards Board.
11    (o) Certified firearms instructors who are eligible to
12teach courses and certify range qualifications shall be at
13least 21 years of age and possess at least a high school
14diploma or GED certificate.
15    (p) A certified firearms instructor may have his or her
16eligibility to teach courses or to certify range qualifications
17revoked if the person:
18        (1) does not meet the requirements of subsections (n)
19    and (o);
20        (2) provides false or misleading information to the
21    Illinois Law Enforcement Training Standards Board or other
22    certifying organization; or
23        (3) has had a prior instructor qualification revoked by
24    the Illinois Law Enforcement Training Standards Board or
25    other certifying organization.
26    (q) A person asserting the affirmative defense described in



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1paragraph (2) of subsection (a) shall, at or prior to trial,
2provide to the court a copy of his or her concealed carry
3license or permit issued in another state.
4    Section 99. Effective date. This Act takes effect upon
5becoming law.