Illinois General Assembly - Full Text of HB3968
Illinois General Assembly

Previous General Assemblies

Full Text of HB3968  99th General Assembly

HB3968 99TH GENERAL ASSEMBLY

  
  

 


 
99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
HB3968

 

Introduced , by Rep. Joe Sosnowski

 

SYNOPSIS AS INTRODUCED:
 
430 ILCS 66/65

    Amends the Firearm Concealed Carry Act. Provides that the prohibition of a licensee from knowingly carrying a firearm into any building, real property, and parking area under the control of a public or private elementary or secondary school does not apply to a person employed as a school administrator or school district administrator who has been issued a currently valid license under the Act carrying a handgun while actually engaged in the performance of the duties of his or her employment or commuting between his or her home and place of employment.


LRB099 09770 RLC 29980 b

 

 

A BILL FOR

 

HB3968LRB099 09770 RLC 29980 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. Nothing in this paragraph shall prevent a person
13    employed as a school administrator or school district
14    administrator who has been issued a currently valid license
15    under this Act from carrying a handgun while actually
16    engaged in the performance of the duties of his or her
17    employment or commuting between his or her home and place
18    of employment.
19        (2) Any building, real property, and parking area under
20    the control of a pre-school or child care facility,
21    including any room or portion of a building under the
22    control of a pre-school or child care facility. Nothing in
23    this paragraph shall prevent the operator of a child care

 

 

HB3968- 2 -LRB099 09770 RLC 29980 b

1    facility in a family home from owning or possessing a
2    firearm in the home or license under this Act, if no child
3    under child care at the home is present in the home or the
4    firearm in the home is stored in a locked container when a
5    child under child care at the home is present in the home.
6        (3) Any building, parking area, or portion of a
7    building under the control of an officer of the executive
8    or legislative branch of government, provided that nothing
9    in this paragraph shall prohibit a licensee from carrying a
10    concealed firearm onto the real property, bikeway, or trail
11    in a park regulated by the Department of Natural Resources
12    or any other designated public hunting area or building
13    where firearm possession is permitted as established by the
14    Department of Natural Resources under Section 1.8 of the
15    Wildlife Code.
16        (4) Any building designated for matters before a
17    circuit court, appellate court, or the Supreme Court, or
18    any building or portion of a building under the control of
19    the Supreme Court.
20        (5) Any building or portion of a building under the
21    control of a unit of local government.
22        (6) Any building, real property, and parking area under
23    the control of an adult or juvenile detention or
24    correctional institution, prison, or jail.
25        (7) Any building, real property, and parking area under
26    the control of a public or private hospital or hospital

 

 

HB3968- 3 -LRB099 09770 RLC 29980 b

1    affiliate, mental health facility, or nursing home.
2        (8) Any bus, train, or form of transportation paid for
3    in whole or in part with public funds, and any building,
4    real property, and parking area under the control of a
5    public transportation facility paid for in whole or in part
6    with public funds.
7        (9) Any building, real property, and parking area under
8    the control of an establishment that serves alcohol on its
9    premises, if more than 50% of the establishment's gross
10    receipts within the prior 3 months is from the sale of
11    alcohol. The owner of an establishment who knowingly fails
12    to prohibit concealed firearms on its premises as provided
13    in this paragraph or who knowingly makes a false statement
14    or record to avoid the prohibition on concealed firearms
15    under this paragraph is subject to the penalty under
16    subsection (c-5) of Section 10-1 of the Liquor Control Act
17    of 1934.
18        (10) Any public gathering or special event conducted on
19    property open to the public that requires the issuance of a
20    permit from the unit of local government, provided this
21    prohibition shall not apply to a licensee who must walk
22    through a public gathering in order to access his or her
23    residence, place of business, or vehicle.
24        (11) Any building or real property that has been issued
25    a Special Event Retailer's license as defined in Section
26    1-3.17.1 of the Liquor Control Act during the time

 

 

HB3968- 4 -LRB099 09770 RLC 29980 b

1    designated for the sale of alcohol by the Special Event
2    Retailer's license, or a Special use permit license as
3    defined in subsection (q) of Section 5-1 of the Liquor
4    Control Act during the time designated for the sale of
5    alcohol by the Special use permit license.
6        (12) Any public playground.
7        (13) Any public park, athletic area, or athletic
8    facility under the control of a municipality or park
9    district, provided nothing in this Section shall prohibit a
10    licensee from carrying a concealed firearm while on a trail
11    or bikeway if only a portion of the trail or bikeway
12    includes a public park.
13        (14) Any real property under the control of the Cook
14    County Forest Preserve District.
15        (15) Any building, classroom, laboratory, medical
16    clinic, hospital, artistic venue, athletic venue,
17    entertainment venue, officially recognized
18    university-related organization property, whether owned or
19    leased, and any real property, including parking areas,
20    sidewalks, and common areas under the control of a public
21    or private community college, college, or university.
22        (16) Any building, real property, or parking area under
23    the control of a gaming facility licensed under the
24    Riverboat Gambling Act or the Illinois Horse Racing Act of
25    1975, including an inter-track wagering location licensee.
26        (17) Any stadium, arena, or the real property or

 

 

HB3968- 5 -LRB099 09770 RLC 29980 b

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

 

 

HB3968- 6 -LRB099 09770 RLC 29980 b

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

 

 

HB3968- 7 -LRB099 09770 RLC 29980 b

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

 

 

HB3968- 8 -LRB099 09770 RLC 29980 b

1by 6 inches in size. The Department shall adopt rules for
2standardized signs to be used under this subsection.
3(Source: P.A. 98-63, eff. 7-9-13.)