Full Text of SB3332 99th General Assembly
SB3332 99TH GENERAL ASSEMBLY |
| | 99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016 SB3332 Introduced 2/19/2016, by Sen. Wm. Sam McCann SYNOPSIS AS INTRODUCED: |
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Amends the Firearm Concealed Carry Act. In the provision pertaining to prohibited areas where a licensee under the Firearm Concealed Carry Act shall not knowingly carry a firearm, the prohibition pertaining to a public playground, public park, athletic area, athletic facility under the control of a municipality or park district, or any real property under the control of the Cook County Forest Preserve District is removed.
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| | A BILL FOR |
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| 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 5. The Firearm Concealed Carry Act is amended by | 5 | | changing 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 | 9 | | firearm 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. | 14 | | (5) Any building or portion of a building under the | 15 | | control of a unit of local government. | 16 | | (6) Any building, real property, and parking area under | 17 | | the control of an adult or juvenile detention or | 18 | | correctional institution, prison, or jail. | 19 | | (7) Any building, real property, and parking area under | 20 | | the control of a public or private hospital or hospital | 21 | | affiliate, mental health facility, or nursing home. | 22 | | (8) Any bus, train, or form of transportation paid for | 23 | | in whole or in part with public funds, and any building, | 24 | | real property, and parking area under the control of a | 25 | | public transportation facility paid for in whole or in part | 26 | | with public funds. |
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| 1 | | (9) Any building, real property, and parking area under | 2 | | the control of an establishment that serves alcohol on its | 3 | | premises, if more than 50% of the establishment's gross | 4 | | receipts within the prior 3 months is from the sale of | 5 | | alcohol. The owner of an establishment who knowingly fails | 6 | | to prohibit concealed firearms on its premises as provided | 7 | | in this paragraph or who knowingly makes a false statement | 8 | | or record to avoid the prohibition on concealed firearms | 9 | | under this paragraph is subject to the penalty under | 10 | | subsection (c-5) of Section 10-1 of the Liquor Control Act | 11 | | of 1934. | 12 | | (10) Any public gathering or special event conducted on | 13 | | property open to the public that requires the issuance of a | 14 | | permit from the unit of local government, provided this | 15 | | prohibition shall not apply to a licensee who must walk | 16 | | through a public gathering in order to access his or her | 17 | | residence, place of business, or vehicle. | 18 | | (11) Any building or real property that has been issued | 19 | | a Special Event Retailer's license as defined in Section | 20 | | 1-3.17.1 of the Liquor Control Act during the time | 21 | | designated for the sale of alcohol by the Special Event | 22 | | Retailer's license, or a Special use permit license as | 23 | | defined in subsection (q) of Section 5-1 of the Liquor | 24 | | Control Act during the time designated for the sale of | 25 | | alcohol by the Special use permit license. | 26 | | (12) (Blank). Any public playground. |
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| 1 | | (13) (Blank). Any public park, athletic area, or | 2 | | athletic facility under the control of a municipality or | 3 | | park district, provided nothing in this Section shall | 4 | | prohibit a licensee from carrying a concealed firearm while | 5 | | on a trail or bikeway if only a portion of the trail or | 6 | | bikeway includes a public park. | 7 | | (14) (Blank). Any real property under the control of | 8 | | the Cook County Forest Preserve District. | 9 | | (15) Any building, classroom, laboratory, medical | 10 | | clinic, hospital, artistic venue, athletic venue, | 11 | | entertainment venue, officially recognized | 12 | | university-related organization property, whether owned or | 13 | | leased, and any real property, including parking areas, | 14 | | sidewalks, and common areas under the control of a public | 15 | | or private community college, college, or university. | 16 | | (16) Any building, real property, or parking area under | 17 | | the control of a gaming facility licensed under the | 18 | | Riverboat Gambling Act or the Illinois Horse Racing Act of | 19 | | 1975, including an inter-track wagering location licensee. | 20 | | (17) Any stadium, arena, or the real property or | 21 | | parking area under the control of a stadium, arena, or any | 22 | | collegiate or professional sporting event. | 23 | | (18) Any building, real property, or parking area under | 24 | | the control of a public library. | 25 | | (19) Any building, real property, or parking area under | 26 | | the control of an airport. |
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| 1 | | (20) Any building, real property, or parking area under | 2 | | the control of an amusement park. | 3 | | (21) Any building, real property, or parking area under | 4 | | the control of a zoo or museum. | 5 | | (22) Any street, driveway, parking area, property, | 6 | | building, or facility, owned, leased, controlled, or used | 7 | | by a nuclear energy, storage, weapons, or development site | 8 | | or facility regulated by the federal Nuclear Regulatory | 9 | | Commission. The licensee shall not under any circumstance | 10 | | store a firearm or ammunition in his or her vehicle or in a | 11 | | compartment or container within a vehicle located anywhere | 12 | | in or on the street, driveway, parking area, property, | 13 | | building, or facility described in this paragraph. | 14 | | (23) Any area where firearms are prohibited under | 15 | | federal law. | 16 | | (a-5) Nothing in this Act shall prohibit a public or | 17 | | private community college, college, or university from: | 18 | | (1) prohibiting persons from carrying a firearm within | 19 | | a vehicle owned, leased, or controlled by the college or | 20 | | university; | 21 | | (2) developing resolutions, regulations, or policies | 22 | | regarding student, employee, or visitor misconduct and | 23 | | discipline, including suspension and expulsion; | 24 | | (3) developing resolutions, regulations, or policies | 25 | | regarding the storage or maintenance of firearms, which | 26 | | must include designated areas where persons can park |
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| 1 | | vehicles that carry firearms; and | 2 | | (4) permitting the carrying or use of firearms for the | 3 | | purpose of instruction and curriculum of officially | 4 | | recognized programs, including but not limited to military | 5 | | science and law enforcement training programs, or in any | 6 | | designated area used for hunting purposes or target | 7 | | shooting. | 8 | | (a-10) The owner of private real property of any type may | 9 | | prohibit the carrying of concealed firearms on the property | 10 | | under his or her control. The owner must post a sign in | 11 | | accordance with subsection (d) of this Section indicating that | 12 | | firearms are prohibited on the property, unless the property is | 13 | | a private residence. | 14 | | (b) Notwithstanding subsections (a), (a-5), and (a-10) of | 15 | | this Section except under paragraph (22) or (23) of subsection | 16 | | (a), any licensee prohibited from carrying a concealed firearm | 17 | | into the parking area of a prohibited location specified in | 18 | | subsection (a), (a-5), or (a-10) of this Section shall be | 19 | | permitted to carry a concealed firearm on or about his or her | 20 | | person within a vehicle into the parking area and may store a | 21 | | firearm or ammunition concealed in a case within a locked | 22 | | vehicle or locked container out of plain view within the | 23 | | vehicle in the parking area. A licensee may carry a concealed | 24 | | firearm in the immediate area surrounding his or her vehicle | 25 | | within a prohibited parking lot area only for the limited | 26 | | purpose of storing or retrieving a firearm within the vehicle's |
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| 1 | | trunk. For purposes of this subsection, "case" includes a glove | 2 | | compartment or console that completely encloses the concealed | 3 | | firearm or ammunition, the trunk of the vehicle, or a firearm | 4 | | carrying box, shipping box, or other container. | 5 | | (c) A licensee shall not be in violation of this Section | 6 | | while he or she is traveling along a public right of way that | 7 | | touches or crosses any of the premises under subsection (a), | 8 | | (a-5), or (a-10) of this Section if the concealed firearm is | 9 | | carried on his or her person in accordance with the provisions | 10 | | of this Act or is being transported in a vehicle by the | 11 | | licensee in accordance with all other applicable provisions of | 12 | | law. | 13 | | (d) Signs stating that the carrying of firearms is | 14 | | prohibited shall be clearly and conspicuously posted at the | 15 | | entrance of a building, premises, or real property specified in | 16 | | this Section as a prohibited area, unless the building or | 17 | | premises is a private residence. Signs shall be of a uniform | 18 | | design as established by the Department and shall be 4 inches | 19 | | by 6 inches in size. The Department shall adopt rules for | 20 | | standardized signs to be used under this subsection.
| 21 | | (Source: P.A. 98-63, eff. 7-9-13; 99-29, eff. 7-10-15.)
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