Full Text of HB0462 96th General Assembly
HB0462ham001 96TH GENERAL ASSEMBLY
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Rep. Brandon W. Phelps
Filed: 3/31/2009
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| AMENDMENT TO HOUSE BILL 462
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| AMENDMENT NO. ______. Amend House Bill 462 by replacing | 3 |
| everything after the enacting clause with the following:
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| "Section 1. Short title. This Act may be cited as the | 5 |
| Family and Personal Protection Act. | 6 |
| Section 5. Legislative declaration. On June 26, 2008 the | 7 |
| United States Supreme Court issued an opinion in the case of | 8 |
| District of Columbia et al. v. Heller. In that decision, the | 9 |
| Court's majority stated "Putting all of these textual elements | 10 |
| together, we find that they guarantee the individual right to | 11 |
| possess and carry weapons in case of confrontation." | 12 |
| The General Assembly finds, in keeping with the Heller | 13 |
| decision, that as a matter of public policy it is necessary to | 14 |
| provide statewide uniform standards for issuing permits to | 15 |
| carry concealed firearms and that no person who does not | 16 |
| qualify under the provisions of this Act receives a permit to |
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| carry concealed firearms. The General Assembly recognizes that | 2 |
| it already regulates the use and possession of concealed | 3 |
| firearms under Sections 24-1 and 24-1.6 of the Criminal Code of | 4 |
| 1961 and the Private Detective, Private Alarm, Private | 5 |
| Security, Fingerprint Vendor, and Locksmith Act of 2004 and | 6 |
| that the regulation of concealed firearms is an exclusive | 7 |
| Statewide function. The General Assembly does not delegate to | 8 |
| the county sheriff the authority to regulate or restrict the | 9 |
| issuing or carrying of handguns by person issued of concealed | 10 |
| firearms permits provided for in this Act beyond those | 11 |
| provisions contained in this Act.
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| Section 10. Definitions. As used in this Act: | 13 |
| "Board" means the Illinois Law Enforcement Training | 14 |
| Standards Board. | 15 |
| "Concealed firearm" means a handgun carried on or about a | 16 |
| person completely or mostly concealed from view of the public, | 17 |
| or carried in a vehicle in such a way as it is concealed from | 18 |
| view of the public. | 19 |
| "Department" means the Department of State Police. | 20 |
| "Fund" means the Citizen Safety and Self-Defense Trust | 21 |
| Fund. | 22 |
| "Handgun" has the meaning ascribed to it in paragraph (h) | 23 |
| of subsection (A) of Section 24-3 of the Criminal Code of 1961. | 24 |
| "Permit" means a permit to carry a concealed firearm issued | 25 |
| by the Department of State Police. |
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| "Permittee" means a person who is issued a permit to carry
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| a concealed handgun by the Department of State Police.
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| Section 15. Permit for concealed firearms. The Department | 4 |
| of State Police is authorized to issue permits to carry | 5 |
| concealed firearms to persons qualified as provided in this | 6 |
| Act. Permits to carry concealed firearms shall be valid | 7 |
| throughout the State for a period of 3 years from the date of | 8 |
| issuance. Any person in compliance with the terms of the permit | 9 |
| may carry concealed handgun on or about his or her person. The | 10 |
| permittee shall carry the permit at all times the permittee is | 11 |
| carrying a concealed handgun and shall display the permit upon | 12 |
| the request of a law enforcement officer. | 13 |
| Section 20. Application for permit.
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| (a) An applicant for a permit shall obtain the application
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| from the Department of State Police. The application may only | 16 |
| contain information required under Section 30 of this Act. | 17 |
| (b) The sheriff shall evaluate the application and | 18 |
| accompanying material, and within 30 calendar days transmit the | 19 |
| application, accompanying material and any objections to the | 20 |
| application, and
application fees to the Department of State | 21 |
| Police. Twenty-five dollars of the application fee shall be | 22 |
| retained by the office of the sheriff for official expenses of | 23 |
| the office. The sheriff may submit specific and articulable | 24 |
| reasons to the Department in objection to an application for a |
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| concealed firearms permit. He or she shall articulate the | 2 |
| recommendation for denial in a written report and transmit that | 3 |
| report to the Department of State Police along with the | 4 |
| completed application. The Department of State Police shall | 5 |
| maintain the report which shall be available to the applicant | 6 |
| for a concealed firearms permit. | 7 |
| (c) The sheriff may consider an objection or recommendation | 8 |
| made by the sheriff or municipal police department where an | 9 |
| applicant lives supported by specific and articulable reasons, | 10 |
| in a written report, why the applicant should be denied a | 11 |
| permit and the Department of State Police may deny the permit | 12 |
| based solely on those objections. If the objection contains | 13 |
| false, malicious or inaccurate information, the sheriff or | 14 |
| municipal police department filing the objection shall bear all | 15 |
| of the applicant's costs if the applicant prevails in an | 16 |
| appeal. Specific and articulable reasons shall not be a general | 17 |
| or philosophical opposition to the issuance of permits to | 18 |
| individuals otherwise eligible under this Act. | 19 |
| (d) If the applicant is found to be ineligible, the | 20 |
| Department of State Police shall deny the application, and | 21 |
| notify the applicant in writing, stating the grounds for denial | 22 |
| and informing the applicant of the right to submit, within 30 | 23 |
| days, any additional documentation relating to the grounds of | 24 |
| the denial. Upon receiving any additional documentation, the | 25 |
| Department of State Police shall reconsider the decision and | 26 |
| inform the applicant within 30 days of the result of the
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| reconsideration. The applicant shall further be informed of the | 2 |
| right to appeal the denial in the circuit court of his or her | 3 |
| place of residence. | 4 |
| (e) Applications for duplicate of a lost or destroyed | 5 |
| Permit, corrected permit due to change of address or name shall | 6 |
| be submitted directly to the Department of State Police and | 7 |
| they shall retain all of said application fee and may be made | 8 |
| upon an abbreviated form verifying the applicants identity and | 9 |
| having been issued a current and valid concealed firearms | 10 |
| permit.
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| Section 25. Qualifications of applicants.
The Department | 12 |
| of State Police, upon receiving a person's application for a | 13 |
| concealed firearms permit, upon receipt of the appropriate fees | 14 |
| from a sheriff, and after compliance with the procedures set | 15 |
| out in this Section, shall issue the applicant a concealed | 16 |
| firearms permit
if the person: | 17 |
| (i) is at least 21 years of age; | 18 |
| (ii) resides within the State of Illinois and has been a | 19 |
| resident for the last 6 months (except the 6 months shall be | 20 |
| waived for members of the Armed Forces) and is a permanent | 21 |
| resident of the United States; | 22 |
| (iii) has a valid Firearm Owner's Identification Card, | 23 |
| except the 6 months shall be waived for members of the Armed | 24 |
| Forces who are not prohibited from owning or possessing a | 25 |
| firearm under federal law; |
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| (iv) Has not been convicted of a crime punishable by | 2 |
| imprisonment for a term exceeding one year, or of a misdemeanor | 3 |
| evidencing violence, is not free on any form of bond or | 4 |
| pretrial
release for a felony or a misdemeanor evidencing | 5 |
| violence, and has no outstanding warrants for those crimes; | 6 |
| (v) Has no record of mental disease or mental illness on | 7 |
| file that would evidence incapacity, or lack of proper mental | 8 |
| capacity; | 9 |
| (vi) Has not been committed to a State or federal facility | 10 |
| for the abuse of a controlled substance or cannabis and has not | 11 |
| been convicted of a misdemeanor violation of the Illinois | 12 |
| Controlled Substances Act or Cannabis Control Act or similar | 13 |
| laws of any other state relating to controlled substances or | 14 |
| cannabis within a 10 year period immediately preceding the date | 15 |
| on which the application is submitted; | 16 |
| (vii) Does not chronically and habitually use alcoholic | 17 |
| beverages as evidenced by the applicant having 2 or more | 18 |
| convictions for violating Section 11-501 of the Illinois | 19 |
| Vehicle Code or a similar provision of a local ordinance within | 20 |
| 5 years preceding his or her application or the applicant | 21 |
| having elected treatment under the supervision of a licensed | 22 |
| program in accordance with the Alcoholism and Other Drug Abuse | 23 |
| and Dependency Act or similar laws of any other state within a | 24 |
| 5 year period immediately preceding the date on which the | 25 |
| application is submitted; and | 26 |
| (viii) Was a member of the Illinois General Assembly and at |
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| least 10 years has passed since this Act took effect after | 2 |
| having voted against it.
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| Section 30. Contents of application. The initial | 4 |
| application shall be in writing, under oath and under the | 5 |
| penalties of perjury, on a standard form promulgated by the | 6 |
| county sheriff and shall be accompanied by the appropriate fees | 7 |
| and required documentation. The application shall only contain | 8 |
| or require the following information: | 9 |
| (i) the applicant's name, address, gender, race, date and | 10 |
| place of birth, and driver's license or State identification | 11 |
| card number; | 12 |
| (ii) an affirmation that the applicant is at least 21 years | 13 |
| of age and that the applicant possesses a currently valid | 14 |
| Illinois Firearm Owner's Identification Card, together with | 15 |
| the card number and a photocopy of the Firearm Owner's | 16 |
| Identification Card; | 17 |
| (iii) a full set of legible fingerprints of the applicant | 18 |
| taken by any federal, State, county, or municipal law | 19 |
| enforcement agency. Any cost of fingerprinting shall be paid by | 20 |
| the applicant. The State, county, or local law enforcement | 21 |
| agencies may not charge more than $10 to fingerprint an | 22 |
| applicant; | 23 |
| (iv) a head and shoulder color photograph taken within 30 | 24 |
| days preceding the date on which the application is submitted; | 25 |
| (v) questions to certify or demonstrate that the applicant |
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| has completed the firearms and deadly use of force training and | 2 |
| education prerequisites specified under this Act and a | 3 |
| photocopy of a certificate or other evidence of completion of a | 4 |
| course to show compliance; | 5 |
| (vi) a statement that the applicant is a resident of the | 6 |
| State of Illinois and has been a resident for the last 6 months | 7 |
| (except the 6 months shall be waived for members of the Armed | 8 |
| Forces) and is a permanent resident of the United States; | 9 |
| (vii) a waiver of privacy and confidentiality rights and | 10 |
| privileges enjoyed by the applicant under all federal and State | 11 |
| laws governing justice, psychological, or psychiatric records, | 12 |
| or access to records relating to the applicant's history of | 13 |
| juvenile court, or criminal institutionalization, and an | 14 |
| affirmative request that any person having custody of any such | 15 |
| record provide it or information concerning it to the sheriff; | 16 |
| (viii) an affirmation that the applicant has never been | 17 |
| convicted of any felony or of a misdemeanor involving the use | 18 |
| or threat of physical force or violence to any person; and has | 19 |
| never been adjudicated a delinquent minor for an offense which, | 20 |
| had he or she been tried as an adult, would have been such a | 21 |
| felony or misdemeanor. The application shall also contain the | 22 |
| following statement along with a signature line for use by the | 23 |
| applicant, which statement the applicant shall affirm under | 24 |
| oath: "I, the undersigned, state, under oath and subject to the | 25 |
| penalty of perjury, that I am not a streetgang member as | 26 |
| defined in Section 10 of the Illinois Streetgang Terrorism |
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| Omnibus Prevention Act, and I will not join or become | 2 |
| associated with a criminal streetgang."; and
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| (ix) a conspicuous warning that false statements made by | 4 |
| the applicant will result in prosecution for perjury in | 5 |
| accordance with Section 32-2 of the Criminal Code of 1961.
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| Section 35. Fees. Fees collected under this Act by the | 7 |
| Department of State Police shall be deposited into a Citizen | 8 |
| Safety and Self-Defense Trust Fund and shall be used | 9 |
| exclusively by the Department of State Police for | 10 |
| administrating the provisions of this Act. Any excess monies in | 11 |
| the Fund may be used to ensure the prompt and efficient | 12 |
| processing of applications received under this Act. The portion | 13 |
| of the application fee retained by the office of the sheriff | 14 |
| shall be used for official expenses of the office associated | 15 |
| with this Act. | 16 |
| Fees for a concealed firearms permit shall be:
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| New permit....$100 | 18 |
| Renewal....$75
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| Duplicate of a lost or destroyed permit....$25
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| Corrected permit due to change of address or name....$25
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| Late renewal fee...$25
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| Section 40. Approval of application.
If the Department of | 23 |
| State Police finds that the applicant possesses a valid Firearm | 24 |
| Owner's Identification Card, meets the training requirements |
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| of this Act, and has provided the documentation and paid the | 2 |
| fees required for issuance of a concealed firearms permit, and | 3 |
| that, as nearly as it is possible to determine, nothing in the | 4 |
| applicant's background or present circumstances disqualify him | 5 |
| or her from possessing a firearm in Illinois, the Department of | 6 |
| State Police shall approve the application and issue the | 7 |
| applicant a wallet sized permit bearing the photograph, name, | 8 |
| and address of the applicant and identifying the office issuing | 9 |
| the permit within 30 days from receipt of the application from | 10 |
| the sheriff.
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| Section 45. Revocation of a permit.
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| (a) A permit issued under Section 35 shall be suspended or | 13 |
| revoked if the permit holder becomes ineligible to be issued a | 14 |
| permit under the criteria set forth in paragraph (i), (ii), | 15 |
| (iii), (iv), (v), (vi), or (vii) of Section 25 or subsection | 16 |
| (b) of Section 20 of this Act. When an order of protection is | 17 |
| issued under Section 112A-14 of the Code of Criminal Procedure | 18 |
| of 1963 or under Section 214 of the Illinois Domestic Violence | 19 |
| Act of 1986 against a person holding a permit issued under this | 20 |
| Act, the holder of the permit shall surrender the permit to the | 21 |
| court or to the officer serving the order. The officer to whom | 22 |
| the permit is surrendered shall forthwith transmit the permit | 23 |
| to the court issuing the order. The permit shall be suspended | 24 |
| until the order is terminated. | 25 |
| (b) When a permitee becomes ineligible under this Act, he |
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| or she shall surrender the permit to the court upon conviction | 2 |
| for a
disqualifying offense. When a permitee becomes ineligible | 3 |
| because of a revocation of their FOID card, upon notice of the | 4 |
| revocation, they shall remit the permit within 72 hours to the | 5 |
| Department of State Police.
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| Section 50. Notification of renewal. Not later than 120 | 7 |
| days before the expiration of any permit issued under this Act, | 8 |
| the Department of State Police shall notify the permit holder | 9 |
| in writing of the expiration and furnish an application for | 10 |
| renewal of the permit. | 11 |
| Section 55. Renewal of permit.
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| (a) The permit shall be renewed for a qualified applicant | 13 |
| upon receipt of the properly completed renewal application and | 14 |
| required renewal fee. The renewal application shall contain the | 15 |
| same required information as set forth in paragraphs (i) | 16 |
| through (ix) of Section 25, except that in lieu of the firearm | 17 |
| education and use of deadly force training, the applicant need | 18 |
| only demonstrate previous issuance of and continued | 19 |
| eligibility for a concealed firearms permit. | 20 |
| (b) A permittee who fails to file a renewal application on | 21 |
| or before its expiration date must pay an additional late fee | 22 |
| of $25. A person who fails to renew his or her application | 23 |
| within 12 months after its expiration must reapply for a new | 24 |
| permit and pay the fee for a new application.
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| Section 60. Change of address, change of name, and lost or
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| destroyed permits.
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| (a) Within 30 days after changing his or her permanent | 4 |
| residence, and within 30 days after loss or destruction of a | 5 |
| concealed firearms permit, the permittee shall notify the | 6 |
| sheriff of the loss, destruction, change of
name, or change of | 7 |
| residence. Failure to notify the Department of State Police | 8 |
| shall constitute a noncriminal violation with a penalty of $25 | 9 |
| payable to the Department of State Police. | 10 |
| (b) If a person issued a permit to carry a concealed | 11 |
| firearm changes residence within this State, or changes his or | 12 |
| her name, the person to whom the permit was issued may, upon | 13 |
| payment of $25 and presentation of their current permit to the | 14 |
| Department of State Police, obtain a corrected concealed | 15 |
| firearms permit with a change of address or change of name upon | 16 |
| furnishing a notarized statement to the Department of State | 17 |
| Police that the permittee has changed residence or his or her | 18 |
| name, and upon submission of an application as set forth in | 19 |
| paragraph (i) of Section 30 and a photograph as set forth in | 20 |
| paragraph (iv) of Section 30. A concealed firearms permit shall | 21 |
| be automatically invalid after 90 days if the permittee has not | 22 |
| notified the Department of State Police of a change of | 23 |
| residence. A permit corrected under this subsection shall be | 24 |
| issued in 48 hours. | 25 |
| (c) If a permit to carry a concealed firearm is lost or
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| destroyed, the permit shall be automatically invalid, and the
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| person to whom the permit was issued may obtain a duplicate,
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| upon payment of $25 to the Department of State Police and | 4 |
| furnishing a notarized statement to the Department of State | 5 |
| Police that the permit was lost or destroyed, and submission of | 6 |
| an application as set forth in paragraph (i) of Section 30 and | 7 |
| a photograph as set forth in paragraph (iv) of Section 30.
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| Section 65. Automated listing.
The Department of State | 9 |
| Police shall maintain an
automated listing of permit holders in | 10 |
| the L.E.A.D.S. system, and this information shall be available | 11 |
| on-line, upon request, at all times to all Illinois law | 12 |
| enforcement agencies. Except as
provided in this Act, | 13 |
| information on applications for permits, names and addresses, | 14 |
| or other identifying information relating to permit holders | 15 |
| shall be confidential and shall not be made available except to | 16 |
| law enforcement agencies.
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| Section 70. Privacy of permit holders and applicants.
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| Except as provided in this Section, information on applications | 19 |
| for permits, names and addresses, or other identifying | 20 |
| information relating to permit holders shall be confidential, | 21 |
| not subject to the Illinois Freedom of Information Act, and | 22 |
| shall not be made available except to law enforcement agencies. | 23 |
| Requests for information about any permit holder or | 24 |
| applicant made by persons other than a bona fide law |
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| enforcement agency shall be made in writing together with any | 2 |
| fee required for providing the information. | 3 |
| No State or local law enforcement agency shall provide a | 4 |
| list of names of any or all holders or applicants in the State | 5 |
| of Illinois or a county licensed to carry a concealed firearm, | 6 |
| except that the Department of State Police or sheriff may, upon | 7 |
| proper application and the payment of the required fee, provide | 8 |
| to the requester, in written form only, confirmation that an | 9 |
| individual has or has not been issued, applied for, or denied a | 10 |
| permit, or had a permit revoked under this Act. No identifying | 11 |
| information other than the name shall be provided. | 12 |
| Only the Department of State Police or sheriff may provide
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| statistical information on: | 14 |
| (i) the number of permits or applicants issued or received; | 15 |
| (ii) the race, age, or gender of those issued permits or | 16 |
| applicants; | 17 |
| (iii) the county of residence of those issued permits or | 18 |
| applicants; | 19 |
| (iv) the number of permits revoked and for what reason. | 20 |
| Nothing in this Section shall prevent any law enforcement | 21 |
| agency from releasing information about an individual as part | 22 |
| of a criminal investigation. | 23 |
| The names of all persons, other than law enforcement | 24 |
| agencies and peace officers, requesting information under this | 25 |
| Section shall be public records. No agency of government other | 26 |
| than the Department of State Police or sheriff shall provide |
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| any information to a requester not entitled to it under this | 2 |
| Act.
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| Section 75. Concealed firearms permit.
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| (a) A concealed firearm permit shall authorize the person | 5 |
| in whose name the permit is issued to carry concealed firearms | 6 |
| on or about his or her person or vehicle throughout the State. | 7 |
| No permit issued under this Section shall authorize any person | 8 |
| to carry a concealed firearm into or upon: | 9 |
| (i) Any State or local police or sheriff's office or | 10 |
| station without the consent of the chief law enforcement | 11 |
| officer in charge of that office or station. | 12 |
| (ii) The facility of any adult or juvenile detention or | 13 |
| correctional institution, prison, or jail. | 14 |
| (iii) Any courthouse solely occupied by the Circuit, | 15 |
| Appellate, or Supreme Court or a courtroom of any of those | 16 |
| courts, or court proceeding, except that nothing in this | 17 |
| Section shall preclude a judge, or State's Attorney holding a | 18 |
| concealed firearm permit, from carrying a concealed firearm | 19 |
| within a courthouse. | 20 |
| (iv) Any meeting of the governing body of a unit of local | 21 |
| government; or any meeting of the General Assembly or a
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| committee of the General Assembly, except that nothing in this | 23 |
| paragraph shall preclude a member of the body or lobbyist | 24 |
| registered with the Secretary of State, or credentialed member | 25 |
| of the media holding a concealed firearms permit from carrying |
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| a concealed firearm at a meeting of the body. The General | 2 |
| Assembly or a county or municipality may by statute or | 3 |
| ordinance prohibit or limit the carrying of concealed firearms | 4 |
| by permit holders, other than permittees described in this | 5 |
| paragraph (iv), in that portion of a building owned, leased or | 6 |
| controlled by that unit of government. That portion of a | 7 |
| building in which the carrying of concealed firearms is | 8 |
| prohibited or limited shall be clearly identified by signs | 9 |
| posted at the entrance to the restricted area. The statute or | 10 |
| ordinance shall exempt any building used for public housing by | 11 |
| private persons, highways or rest areas, firing ranges, and | 12 |
| private dwellings owned, leased, or controlled by that unit of | 13 |
| government from any restriction on the carrying or of | 14 |
| possession of a firearm. The statute or ordinance shall not | 15 |
| specify any criminal penalty for its violation but may specify | 16 |
| that persons violating the statute or ordinance may be denied | 17 |
| entrance to the building, ordered to leave the building and if | 18 |
| the employees of the unit of government, be subjected to | 19 |
| disciplinary measures for violation of the provisions of the | 20 |
| statute or ordinance. The provisions of this Section shall not | 21 |
| apply to any other unit of government. | 22 |
| (v) Any portion of an establishment licensed to dispense | 23 |
| beer or alcoholic beverages for consumption on the premises, | 24 |
| which portion of the establishment is primarily devoted to that | 25 |
| purpose. This paragraph (v) does not apply to any bona fide | 26 |
| restaurant open to the general public having dining facilities |
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| or banquet facility for at least 25 persons and that receives | 2 |
| at least 50% of its gross annual income from the dining | 3 |
| facilities by the sale of food. | 4 |
| (vi) Any area of an airport to which access is controlled | 5 |
| by the inspection of persons and property. | 6 |
| (vii) Any place where the carrying of a firearm is | 7 |
| prohibited by federal law. | 8 |
| (viii) Inside any elementary or secondary school facility | 9 |
| without the consent of school authorities. | 10 |
| (ix) Any portion of a building used as a child care | 11 |
| facility without the consent of the manager. Nothing in this | 12 |
| Section or any other law shall prevent the operator of a child | 13 |
| care facility in a family home from owning or possessing a | 14 |
| firearm or permit. | 15 |
| (x) A riverboat gambling operation or horse racing facility | 16 |
| accessible by the public. | 17 |
| (xi) Any gated area of an amusement park. | 18 |
| (xii) Any stadium, arena, or collegiate or professional | 19 |
| sporting event. | 20 |
| (xiii) A church or other place of religious worship. | 21 |
| A violation of this subsection (a) is a Class A | 22 |
| misdemeanor. A concealed firearm permit does not authorize the | 23 |
| concealed carrying or transportation of a stun gun or taser. | 24 |
| (b) The owner, business or commercial lessee, manager of a | 25 |
| private business enterprise, or any other organization, | 26 |
| entity, or person may prohibit persons holding a permit for |
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| concealed firearms from carrying concealed firearms on the | 2 |
| premises and may prohibit employees, not under a collective | 3 |
| bargaining agreement, not authorized by the employer, holding a | 4 |
| permit for concealed firearms from carrying concealed firearms | 5 |
| on the property of the employer. If the building or the | 6 |
| premises are open to the public, the employer of the business | 7 |
| enterprise shall post signs on or about the premises if | 8 |
| carrying a
concealed firearm is prohibited. Possession of a | 9 |
| firearm in a vehicle on the premises shall not be a criminal | 10 |
| offense so long as the firearm is not removed from the vehicle | 11 |
| or brandished while the vehicle is on the premises. An employer | 12 |
| may prohibit employees, not under a collective bargaining | 13 |
| agreement, or other persons holding a permit for a concealed | 14 |
| firearm from carrying a concealed firearm in vehicles owned by | 15 |
| the employer. Carrying of a concealed firearm in a location | 16 |
| specified in this subsection by a permit holder shall not be a | 17 |
| criminal act but may subject the person to denial to the | 18 |
| premises or removal from the premises. | 19 |
| (c) Any owner, business or commercial lessee, manager of a | 20 |
| private business enterprise, or any other organization, | 21 |
| entity, or person that prohibits persons holding a permit for | 22 |
| concealed firearms from carrying concealed firearms on the | 23 |
| premises shall be civilly liable for any injury from a criminal | 24 |
| act upon a person holding a permit for carrying a concealed | 25 |
| firearm who was prohibited from carrying a concealed firearm on | 26 |
| the premises.
|
|
|
|
09600HB0462ham001 |
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LRB096 04121 RLC 24849 a |
|
| 1 |
| Section 80. Immunity, employees, and agents. The office of | 2 |
| the county sheriff, or any employee or agent of the county | 3 |
| sheriff, or Department of State Police shall not be liable for | 4 |
| damages in any civil action arising from alleged wrongful or | 5 |
| improper granting, renewing, or failure to revoke permits | 6 |
| issued under this Act except for willful and wanton misconduct. | 7 |
| The office of the county sheriff or any employee or agent of | 8 |
| the office of the county sheriff shall not be liable for | 9 |
| submitting specific and articulable reasons why an applicant | 10 |
| should be denied a permit, unless the objection contains false, | 11 |
| malicious or inaccurate information. The sheriff or municipal | 12 |
| police department filing the objection shall bear all of the | 13 |
| applicant's costs if the applicant prevails in an appeal. | 14 |
| Section 85. Applicant training.
| 15 |
| (a) The applicant training course shall be the standardized | 16 |
| training course furnished by the Board and taught by a | 17 |
| qualified firearms instructor, consisting of: | 18 |
| (1) Eight hours of classroom instruction, covering at | 19 |
| least the following topics: | 20 |
| (i) handgun safety in the classroom, at home, on | 21 |
| the firing range and while carrying the firearm; | 22 |
| (ii) the basic principles of marksmanship; | 23 |
| (iii) care and cleaning of handguns; | 24 |
| (iv) by means of a videotape produced or approved |
|
|
|
09600HB0462ham001 |
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LRB096 04121 RLC 24849 a |
|
| 1 |
| by the Board: | 2 |
| (A) the requirements for obtaining a concealed | 3 |
| firearms permit in this State; | 4 |
| (B) laws relating to firearms as prescribed in | 5 |
| the Firearm Owners Identification Card Act, | 6 |
| Article 24 of the Criminal Code of 1961, and 18 | 7 |
| U.S.C. 921 through 930; and | 8 |
| (C) laws relating to the justifiable use of | 9 |
| force as prescribed in Article 7 of the Criminal | 10 |
| Code of 1961; | 11 |
| (v) a written exam not to exceed 50 questions | 12 |
| testing the knowledge of the applicant on the subject | 13 |
| matter covered in the course. | 14 |
| (2) Live firing exercises of sufficient duration for | 15 |
| each applicant to fire a handgun: | 16 |
| (i) from a standing position; | 17 |
| (ii) a minimum of 20 rounds; | 18 |
| (iii) at a distance of 7 yards from a B-21 | 19 |
| silhouette target, or an equivalent as approved by the | 20 |
| Board. | 21 |
| (b) The classroom portion of the course may be, at the | 22 |
| qualified firearms instructor's discretion, divided into | 23 |
| segments of not less than 2 hours each. | 24 |
| (c)(1) An applicant training course shall not be open to | 25 |
| persons who are less than 21 years of age. | 26 |
| (2) Applicant training course students shall complete a |
|
|
|
09600HB0462ham001 |
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LRB096 04121 RLC 24849 a |
|
| 1 |
| course application form prescribed by the Department of State | 2 |
| Police, which shall include a statement acknowledging receipt | 3 |
| of copies of pertinent statutory provisions listed in clauses | 4 |
| (A), (B), and (C) of subparagraph (iv) of paragraph (1) of | 5 |
| subsection (a) and a liability waiver. | 6 |
| (3) The course application form may be obtained from the | 7 |
| qualified firearms instructor at the time of the course.
| 8 |
| (d) At the conclusion of the classroom portion of the | 9 |
| applicant training course, the qualified firearms instructor | 10 |
| shall: | 11 |
| (1) distribute a standard course examination to the | 12 |
| students; | 13 |
| (2) not leave the room in which the examination is | 14 |
| being held while the examination is in progress; | 15 |
| (3) collect examination booklets and answer sheets | 16 |
| from each student at the end of the examination period; | 17 |
| (4) not grade the examinations in the presence of | 18 |
| students; and | 19 |
| (5) not divulge an applicant's numeric score on the day | 20 |
| of the examination, but the instructor may indicate whether | 21 |
| an applicant passed or failed the examination. | 22 |
| (e) A person shall not: | 23 |
| (1) Make an unauthorized copy of the applicant training | 24 |
| course examination, in whole or in part; | 25 |
| (2) Possess the applicant training course examination, | 26 |
| or questions from the examination, unless authorized by the |
|
|
|
09600HB0462ham001 |
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LRB096 04121 RLC 24849 a |
|
| 1 |
| Department; or | 2 |
| (3) Divulge the contents of an applicant training | 3 |
| course examination question to another person. | 4 |
| (f)(1) Students shall provide their own safe, functional | 5 |
| handgun and factory-loaded ammunition. | 6 |
| (2) Prior to conducting range firing, the certified | 7 |
| firearms instructor shall: | 8 |
| (i) inspect each applicant's firearm; and | 9 |
| (ii) not allow the firing of a handgun that is not in | 10 |
| sound mechanical condition or otherwise may pose a safety | 11 |
| hazard. | 12 |
| (g) Grades of "passing" shall not be given on range work to | 13 |
| an applicant who: | 14 |
| (1) does not follow the orders of the certified | 15 |
| firearms instructor; | 16 |
| (2) in the judgment of the certified firearms | 17 |
| instructor, handles a firearm in a manner that poses a | 18 |
| danger to the applicant or to others; or
| 19 |
| (3) during the testing portion of the range work fails | 20 |
| to hit the silhouette portion of the target with a majority
| 21 |
| of 20 rounds. | 22 |
| (h) Certified firearms instructors shall: | 23 |
| (1) allow monitoring of their classes by officials of | 24 |
| any certifying agency; | 25 |
| (2) make all course records available upon demand to | 26 |
| authorized personnel of the Board; and
|
|
|
|
09600HB0462ham001 |
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LRB096 04121 RLC 24849 a |
|
| 1 |
| (3) not divulge course records except as authorized by
| 2 |
| the certifying agency. | 3 |
| (i)(1) Fees for applicant training courses shall be set by | 4 |
| the instructor. | 5 |
| (2) Qualified firearms instructors shall collect the fee | 6 |
| and remit $25 of the fee to the Board. | 7 |
| (3) Fees shall not be refunded to students who fail or | 8 |
| otherwise do not complete the course. | 9 |
| (j) An applicant training course shall not have more than | 10 |
| 40 students in the classroom portion or more than 5 students | 11 |
| per range officer engaged in range firing. | 12 |
| (k) Within 3 working days after the completion of the | 13 |
| course, the certified firearms instructor shall: | 14 |
| (1) grade the examinations, and | 15 |
| (2) mail to the Board: | 16 |
| (i) the completed course application form, showing | 17 |
| the student's score on the written examination and | 18 |
| indicating whether the student passed or failed the | 19 |
| range work, and | 20 |
| (ii) the graded examinations. | 21 |
| (l) Within 15 days after receipt of the material described | 22 |
| in subsection (1), the Board shall mail to the applicant:
| 23 |
| (i) A certificate of successful course completion; or | 24 |
| (ii) Notification that the applicant has failed the course | 25 |
| and will not be certified. | 26 |
| (m) A student shall be issued a certificate of completion |
|
|
|
09600HB0462ham001 |
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LRB096 04121 RLC 24849 a |
|
| 1 |
| if he or she: | 2 |
| (i) answers at least 70% of the written examination | 3 |
| questions correctly; and | 4 |
| (ii) achieves a grade of "passing" on the range work. | 5 |
| (n)(i) Students who score below 70% on the written | 6 |
| examination may retake the examination one time without having | 7 |
| to retake the course. | 8 |
| (ii) Students who do not achieve a grade of "passing" on | 9 |
| the range work may repeat the range work twice without having | 10 |
| to retake the course. | 11 |
| (iii) Notices of failure will include information on | 12 |
| whether the student failed the written exam, the range firing, | 13 |
| or both.
| 14 |
| Section 90. Firearms instructor certification. The Board
| 15 |
| shall certify instructors who have met the requirements of this | 16 |
| Section. | 17 |
| (a) Persons who are not certified firearms instructors | 18 |
| shall not teach applicant training courses. | 19 |
| (b) Persons who are not certified firearms instructors | 20 |
| shall not advertise or otherwise represent courses they teach | 21 |
| as qualifying their students to meet the requirements to | 22 |
| receive a permit to carry concealed firearms in this State. | 23 |
| (c) Persons who are not certified instructor trainers shall | 24 |
| not teach instructor qualification courses. | 25 |
| (d) Persons wishing to become certified firearms |
|
|
|
09600HB0462ham001 |
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LRB096 04121 RLC 24849 a |
|
| 1 |
| instructors shall: | 2 |
| (1) be at least 21 years of age; | 3 |
| (2) be a citizen of the United States; and | 4 |
| (3) meet the requirements of subsection (b) of Section
| 5 |
| 20. Persons wishing to become instructor trainers, in | 6 |
| addition to the other requirements of this subsection (d), | 7 |
| shall: | 8 |
| (A) possess at least a high school diploma or GED | 9 |
| certificate, | 10 |
| (B) have at least one of the following valid | 11 |
| firearms instructor certifications: | 12 |
| (I) National Rifle Association Personal | 13 |
| Protection Instructor;
| 14 |
| (II) National Rifle Association Pistol | 15 |
| Marksmanship Instructor;
| 16 |
| (III) Certification from a firearms | 17 |
| instructor's course offered by a State or federal | 18 |
| governmental agency; or
| 19 |
| (IV) A similar firearms instructor qualifying | 20 |
| course, approved by the Illinois Law Enforcement | 21 |
| Training Standards Board. | 22 |
| (e)(1) Applicants shall agree to background checks. | 23 |
| (2) An applicant may be disqualified from becoming a | 24 |
| certified instructor, or have his or her instructor | 25 |
| qualification revoked if the applicant: | 26 |
| (A) does not meet the requirements of this Act to |
|
|
|
09600HB0462ham001 |
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LRB096 04121 RLC 24849 a |
|
| 1 |
| possess a concealed firearms permit; | 2 |
| (B) provides false or misleading information to the | 3 |
| Board; or | 4 |
| (C) has had a prior instructor qualification revoked by | 5 |
| the Board. | 6 |
| (f) The training course to certify firearms instructors and | 7 |
| instructor trainers shall include: | 8 |
| (1) 16 hours of classroom instruction covering at least the | 9 |
| following topics: | 10 |
| (i) By means of a videotape produced or approved by the | 11 |
| Board: | 12 |
| (A) the requirements for obtaining a concealed | 13 |
| firearms permit in this State; | 14 |
| (B) laws relating to firearms as contained in the | 15 |
| Firearm Owners Identification Card Act, Article 24 of the | 16 |
| Criminal Code of 1961, and 18 U.S.C. 921 through 930; | 17 |
| (C) laws relating to the justifiable use of force as | 18 |
| contained in Article 7 of the Criminal Code of 1961; | 19 |
| (D) the conduct of applicant training courses; | 20 |
| (E) record-keeping requirements of this Act;
| 21 |
| (F) the basic nomenclature of handguns; | 22 |
| (G) the basic principles of marksmanship; and | 23 |
| (H) the safe handling of handguns. | 24 |
| (2) A classroom demonstration, during which the | 25 |
| instructor candidate shall receive instruction on and | 26 |
| demonstrate competency in the ability to prepare and |
|
|
|
09600HB0462ham001 |
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LRB096 04121 RLC 24849 a |
|
| 1 |
| deliver a classroom presentation using materials from the | 2 |
| applicant curriculum. | 3 |
| (3) Range instruction and firing of live ammunition, | 4 |
| during which the instructor candidate shall receive | 5 |
| instruction on and demonstrate competency in the ability | 6 |
| to: | 7 |
| (i) handle and fire a handgun safely and | 8 |
| accurately; | 9 |
| (ii) conduct a function test and safety inspection | 10 |
| of common types of handguns;
| 11 |
| (iii) clean common types of handguns; and | 12 |
| (iv) supervise and conduct live firing exercises
| 13 |
| in a safe and efficient manner. | 14 |
| (g) To qualify as a certified firearms instructor or
| 15 |
| instructor trainer, instructor candidates shall achieve: | 16 |
| (1) A minimum score of 70% on a written examination
| 17 |
| covering the material taught during the classroom portion
| 18 |
| of the course; | 19 |
| (2) A minimum score of 80% on range firing of a handgun
| 20 |
| from the standing position while aiming at a B-21 PC
| 21 |
| silhouette target or an equivalent as approved by the
| 22 |
| Board, with a minimum of:
| 23 |
| (i) ten rounds from 7 yards; and | 24 |
| (ii) ten rounds from 15 yards; and
| 25 |
| (iii) a score of "passing" from the course | 26 |
| instructor for demonstrating competency in each of the |
|
|
|
09600HB0462ham001 |
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LRB096 04121 RLC 24849 a |
|
| 1 |
| following: | 2 |
| (A) Supervising and conducting live fire; | 3 |
| (B) Cleaning and inspecting handguns; and | 4 |
| (C) Preparing and delivering the classroom
| 5 |
| lecture. | 6 |
| (h) Instructor candidates who fail to meet the minimum
| 7 |
| requirements of subsection (g) of this Section may retake the | 8 |
| examination, range work, or classroom demonstration one time | 9 |
| without having to repeat the course. | 10 |
| (i) Qualified firearms instructor and instructor trainer | 11 |
| certificates shall be valid for 5 years from the date of | 12 |
| issuance. Qualified firearms instructors or instructor | 13 |
| trainers may renew their certification by successfully | 14 |
| completing a refresher course offered or approved by the Board. | 15 |
| (j) The fees for instructor trainer or refresher courses | 16 |
| shall be $100 per student. | 17 |
| (1) The fees for qualified instructor courses shall be | 18 |
| no more than $100 per student. The instructor trainer shall | 19 |
| remit $25 per student to the Board. | 20 |
| (2) Fees shall not be refunded to those who do not pass | 21 |
| or otherwise fail to complete a course. | 22 |
| (k) Course participants shall provide their own safe, | 23 |
| functional handgun and factory-loaded ammunition. | 24 |
| (l) Prior to conducting range firing, the course instructor | 25 |
| shall: | 26 |
| (i) inspect each applicant's firearm; and |
|
|
|
09600HB0462ham001 |
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LRB096 04121 RLC 24849 a |
|
| 1 |
| (ii) not allow the firing of a handgun which is not in | 2 |
| sound mechanical condition or otherwise may pose a safety | 3 |
| hazard.
| 4 |
| Section 95. Study. The Secretary of State shall conduct a | 5 |
| study to determine the cost and feasibility of creating a | 6 |
| method of adding an identifiable code, background, or other | 7 |
| means to show that an individual has been issued a permit to | 8 |
| carry a concealed firearm by the sheriff on the person's | 9 |
| driver's license or State identification card. | 10 |
| Section 100. Report. By March 1 of each year, the | 11 |
| Department of State Police shall submit a statistical report to | 12 |
| the Governor, the President of the Senate and the Speaker of | 13 |
| the House of Representatives, indicating the number of permits | 14 |
| issued, revoked, suspended, denied and issued after appeal in | 15 |
| the previous calendar year and in total and also the number of | 16 |
| permits currently valid. The report shall also include the | 17 |
| number of arrests, convictions and types of crimes in the | 18 |
| previous calendar year by individuals issued permits to carry a | 19 |
| concealed firearm. | 20 |
| Section 105. Preemption. The regulating of carrying
| 21 |
| firearms being an exclusive function of the State under Section | 22 |
| 24-1 and 24-1.6 of the Criminal Code of 1961, an ordinance of a | 23 |
| unit of local government, including a home rule unit, is |
|
|
|
09600HB0462ham001 |
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LRB096 04121 RLC 24849 a |
|
| 1 |
| invalid if it is inconsistent with the Family and Personal | 2 |
| Protection Act or Section 24-1 and 24-1.6 of the Criminal Code | 3 |
| of 1961. It
is declared to be the policy of this State that the | 4 |
| regulation of the right to carry concealed firearms and the | 5 |
| issuance of permits to carry concealed firearms is an exclusive | 6 |
| power and function of the State. A home rule unit may not | 7 |
| regulate the carrying of concealed firearms. This Section is a | 8 |
| denial and limitation of home rule powers and functions under | 9 |
| subsection (h) of Section 6 of Article VII of the Illinois | 10 |
| Constitution.
| 11 |
| Section 110. The Illinois Police Training Act is amended by | 12 |
| adding Section 10.6 as follows: | 13 |
| (50 ILCS 705/10.6 new)
| 14 |
| Sec. 10.6. Family and Personal Protection Act training | 15 |
| course. The Board shall initiate, develop, and oversee a | 16 |
| training course for the Family and Personal Protection Act | 17 |
| pursuant to that Act. The training course shall include all of | 18 |
| the subjects enumerated in the Family and Personal Protection | 19 |
| Act. The Board shall issue a certificate to those persons | 20 |
| successfully completing the course according to that Act.
| 21 |
| Section 120. The Criminal Code of 1961 is amended by | 22 |
| changing Section 24-2 as follows:
|
|
|
|
09600HB0462ham001 |
- 31 - |
LRB096 04121 RLC 24849 a |
|
| 1 |
| (720 ILCS 5/24-2) (from Ch. 38, par. 24-2)
| 2 |
| Sec. 24-2. Exemptions.
| 3 |
| (a) Subsections 24-1(a)(3), 24-1(a)(4), 24-1(a)(10), and | 4 |
| 24-1(a)(13) and Section
24-1.6 do not apply to
or affect any of | 5 |
| the following:
| 6 |
| (1) Peace officers, and any person summoned by a peace | 7 |
| officer to
assist in making arrests or preserving the | 8 |
| peace, while actually engaged in
assisting such officer.
| 9 |
| (2) Wardens, superintendents and keepers of prisons,
| 10 |
| penitentiaries, jails and other institutions for the | 11 |
| detention of persons
accused or convicted of an offense, | 12 |
| while in the performance of their
official duty, or while | 13 |
| commuting between their homes and places of employment.
| 14 |
| (3) Members of the Armed Services or Reserve Forces of | 15 |
| the United States
or the Illinois National Guard or the | 16 |
| Reserve Officers Training Corps,
while in the performance | 17 |
| of their official duty.
| 18 |
| (4) Special agents employed by a railroad or a public | 19 |
| utility to
perform police functions, and guards of armored | 20 |
| car companies, while
actually engaged in the performance of | 21 |
| the duties of their employment or
commuting between their | 22 |
| homes and places of employment; and watchmen
while actually | 23 |
| engaged in the performance of the duties of their | 24 |
| employment.
| 25 |
| (5) Persons licensed as private security contractors, | 26 |
| private
detectives, or private alarm contractors, or |
|
|
|
09600HB0462ham001 |
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LRB096 04121 RLC 24849 a |
|
| 1 |
| employed by an agency
certified by the Department of | 2 |
| Professional Regulation, if their duties
include the | 3 |
| carrying of a weapon under the provisions of the Private
| 4 |
| Detective, Private Alarm,
Private Security, Fingerprint | 5 |
| Vendor, and Locksmith Act of 2004,
while actually
engaged | 6 |
| in the performance of the duties of their employment or | 7 |
| commuting
between their homes and places of employment, | 8 |
| provided that such commuting
is accomplished within one | 9 |
| hour from departure from home or place of
employment, as | 10 |
| the case may be. Persons exempted under this subdivision
| 11 |
| (a)(5) shall be required to have completed a course of
| 12 |
| study in firearms handling and training approved and | 13 |
| supervised by the
Department of Professional Regulation as | 14 |
| prescribed by Section 28 of the
Private Detective, Private | 15 |
| Alarm,
Private Security, Fingerprint Vendor, and Locksmith | 16 |
| Act of 2004, prior
to becoming eligible for this exemption. | 17 |
| The Department of Professional
Regulation shall provide | 18 |
| suitable documentation demonstrating the
successful | 19 |
| completion of the prescribed firearms training. Such
| 20 |
| documentation shall be carried at all times when such | 21 |
| persons are in
possession of a concealable weapon.
| 22 |
| (6) Any person regularly employed in a commercial or | 23 |
| industrial
operation as a security guard for the protection | 24 |
| of persons employed
and private property related to such | 25 |
| commercial or industrial
operation, while actually engaged | 26 |
| in the performance of his or her
duty or traveling between |
|
|
|
09600HB0462ham001 |
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LRB096 04121 RLC 24849 a |
|
| 1 |
| sites or properties belonging to the
employer, and who, as | 2 |
| a security guard, is a member of a security force of
at | 3 |
| least 5 persons registered with the Department of | 4 |
| Professional
Regulation; provided that such security guard | 5 |
| has successfully completed a
course of study, approved by | 6 |
| and supervised by the Department of
Professional | 7 |
| Regulation, consisting of not less than 40 hours of | 8 |
| training
that includes the theory of law enforcement, | 9 |
| liability for acts, and the
handling of weapons. A person | 10 |
| shall be considered eligible for this
exemption if he or | 11 |
| she has completed the required 20
hours of training for a | 12 |
| security officer and 20 hours of required firearm
training, | 13 |
| and has been issued a firearm control card by
the | 14 |
| Department of Professional Regulation. Conditions for the | 15 |
| renewal of
firearm control cards issued under the | 16 |
| provisions of this Section
shall be the same as for those | 17 |
| cards issued under the provisions of the
Private Detective, | 18 |
| Private Alarm,
Private Security, Fingerprint Vendor, and | 19 |
| Locksmith Act of 2004. Such
firearm control card shall be | 20 |
| carried by the security guard at all
times when he or she | 21 |
| is in possession of a concealable weapon.
| 22 |
| (7) Agents and investigators of the Illinois | 23 |
| Legislative Investigating
Commission authorized by the | 24 |
| Commission to carry the weapons specified in
subsections | 25 |
| 24-1(a)(3) and 24-1(a)(4), while on duty in the course of
| 26 |
| any investigation for the Commission.
|
|
|
|
09600HB0462ham001 |
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LRB096 04121 RLC 24849 a |
|
| 1 |
| (8) Persons employed by a financial institution for the | 2 |
| protection of
other employees and property related to such | 3 |
| financial institution, while
actually engaged in the | 4 |
| performance of their duties, commuting between
their homes | 5 |
| and places of employment, or traveling between sites or
| 6 |
| properties owned or operated by such financial | 7 |
| institution, provided that
any person so employed has | 8 |
| successfully completed a course of study,
approved by and | 9 |
| supervised by the Department of Professional Regulation,
| 10 |
| consisting of not less than 40 hours of training which | 11 |
| includes theory of
law enforcement, liability for acts, and | 12 |
| the handling of weapons.
A person shall be considered to be | 13 |
| eligible for this exemption if he or
she has completed the | 14 |
| required 20 hours of training for a security officer
and 20 | 15 |
| hours of required firearm training, and has been issued a
| 16 |
| firearm control card by the Department of Professional | 17 |
| Regulation.
Conditions for renewal of firearm control | 18 |
| cards issued under the
provisions of this Section shall be | 19 |
| the same as for those issued under the
provisions of the | 20 |
| Private Detective, Private Alarm,
Private Security, | 21 |
| Fingerprint Vendor, and Locksmith Act of 2004.
Such firearm | 22 |
| control card shall be carried by the person so
trained at | 23 |
| all times when such person is in possession of a | 24 |
| concealable
weapon. For purposes of this subsection, | 25 |
| "financial institution" means a
bank, savings and loan | 26 |
| association, credit union or company providing
armored car |
|
|
|
09600HB0462ham001 |
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LRB096 04121 RLC 24849 a |
|
| 1 |
| services.
| 2 |
| (9) Any person employed by an armored car company to | 3 |
| drive an armored
car, while actually engaged in the | 4 |
| performance of his duties.
| 5 |
| (10) Persons who have been classified as peace officers | 6 |
| pursuant
to the Peace Officer Fire Investigation Act.
| 7 |
| (11) Investigators of the Office of the State's | 8 |
| Attorneys Appellate
Prosecutor authorized by the board of | 9 |
| governors of the Office of the
State's Attorneys Appellate | 10 |
| Prosecutor to carry weapons pursuant to
Section 7.06 of the | 11 |
| State's Attorneys Appellate Prosecutor's Act.
| 12 |
| (12) Special investigators appointed by a State's | 13 |
| Attorney under
Section 3-9005 of the Counties Code.
| 14 |
| (12.5) Probation officers while in the performance of | 15 |
| their duties, or
while commuting between their homes, | 16 |
| places of employment or specific locations
that are part of | 17 |
| their assigned duties, with the consent of the chief judge | 18 |
| of
the circuit for which they are employed.
| 19 |
| (13) Court Security Officers while in the performance | 20 |
| of their official
duties, or while commuting between their | 21 |
| homes and places of employment, with
the
consent of the | 22 |
| Sheriff.
| 23 |
| (13.5) A person employed as an armed security guard at | 24 |
| a nuclear energy,
storage, weapons or development site or | 25 |
| facility regulated by the Nuclear
Regulatory Commission | 26 |
| who has completed the background screening and training
|
|
|
|
09600HB0462ham001 |
- 36 - |
LRB096 04121 RLC 24849 a |
|
| 1 |
| mandated by the rules and regulations of the Nuclear | 2 |
| Regulatory Commission.
| 3 |
| (14) Manufacture, transportation, or sale of weapons | 4 |
| to
persons
authorized under subdivisions (1) through | 5 |
| (13.5) of this
subsection
to
possess those weapons.
| 6 |
| (b) Subsections 24-1(a)(4) and 24-1(a)(10) and Section | 7 |
| 24-1.6 do not
apply to or affect
any of the following:
| 8 |
| (1) Members of any club or organization organized for | 9 |
| the purpose of
practicing shooting at targets upon | 10 |
| established target ranges, whether
public or private, and | 11 |
| patrons of such ranges, while such members
or patrons are | 12 |
| using their firearms on those target ranges.
| 13 |
| (2) Duly authorized military or civil organizations | 14 |
| while parading,
with the special permission of the | 15 |
| Governor.
| 16 |
| (3) Hunters, trappers or fishermen with a license or
| 17 |
| permit while engaged in hunting,
trapping or fishing.
| 18 |
| (4) Transportation of weapons that are broken down in a
| 19 |
| non-functioning state or are not immediately accessible.
| 20 |
| (5) Carrying a concealed firearm by a permittee who has | 21 |
| been issued a permit to carry a concealed firearm under the | 22 |
| Family and Personal Protection Act. | 23 |
| (c) Subsection 24-1(a)(7) does not apply to or affect any | 24 |
| of the
following:
| 25 |
| (1) Peace officers while in performance of their | 26 |
| official duties.
|
|
|
|
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| 1 |
| (2) Wardens, superintendents and keepers of prisons, | 2 |
| penitentiaries,
jails and other institutions for the | 3 |
| detention of persons accused or
convicted of an offense.
| 4 |
| (3) Members of the Armed Services or Reserve Forces of | 5 |
| the United States
or the Illinois National Guard, while in | 6 |
| the performance of their official
duty.
| 7 |
| (4) Manufacture, transportation, or sale of machine | 8 |
| guns to persons
authorized under subdivisions (1) through | 9 |
| (3) of this subsection to
possess machine guns, if the | 10 |
| machine guns are broken down in a
non-functioning state or | 11 |
| are not immediately accessible.
| 12 |
| (5) Persons licensed under federal law to manufacture | 13 |
| any weapon from
which 8 or more shots or bullets can be | 14 |
| discharged by a
single function of the firing device, or | 15 |
| ammunition for such weapons, and
actually engaged in the | 16 |
| business of manufacturing such weapons or
ammunition, but | 17 |
| only with respect to activities which are within the lawful
| 18 |
| scope of such business, such as the manufacture, | 19 |
| transportation, or testing
of such weapons or ammunition. | 20 |
| This exemption does not authorize the
general private | 21 |
| possession of any weapon from which 8 or more
shots or | 22 |
| bullets can be discharged by a single function of the | 23 |
| firing
device, but only such possession and activities as | 24 |
| are within the lawful
scope of a licensed manufacturing | 25 |
| business described in this paragraph.
| 26 |
| During transportation, such weapons shall be broken |
|
|
|
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| 1 |
| down in a
non-functioning state or not immediately | 2 |
| accessible.
| 3 |
| (6) The manufacture, transport, testing, delivery, | 4 |
| transfer or sale,
and all lawful commercial or experimental | 5 |
| activities necessary thereto, of
rifles, shotguns, and | 6 |
| weapons made from rifles or shotguns,
or ammunition for | 7 |
| such rifles, shotguns or weapons, where engaged in
by a | 8 |
| person operating as a contractor or subcontractor pursuant | 9 |
| to a
contract or subcontract for the development and supply | 10 |
| of such rifles,
shotguns, weapons or ammunition to the | 11 |
| United States government or any
branch of the Armed Forces | 12 |
| of the United States, when such activities are
necessary | 13 |
| and incident to fulfilling the terms of such contract.
| 14 |
| The exemption granted under this subdivision (c)(6)
| 15 |
| shall also apply to any authorized agent of any such | 16 |
| contractor or
subcontractor who is operating within the | 17 |
| scope of his employment, where
such activities involving | 18 |
| such weapon, weapons or ammunition are necessary
and | 19 |
| incident to fulfilling the terms of such contract.
| 20 |
| During transportation, any such weapon shall be broken | 21 |
| down in a
non-functioning state, or not immediately | 22 |
| accessible.
| 23 |
| (d) Subsection 24-1(a)(1) does not apply to the purchase, | 24 |
| possession
or carrying of a black-jack or slung-shot by a peace | 25 |
| officer.
| 26 |
| (e) Subsection 24-1(a)(8) does not apply to any owner, |
|
|
|
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LRB096 04121 RLC 24849 a |
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| 1 |
| manager or
authorized employee of any place specified in that | 2 |
| subsection nor to any
law enforcement officer.
| 3 |
| (f) Subsection 24-1(a)(4) and subsection 24-1(a)(10) and | 4 |
| Section 24-1.6
do not apply
to members of any club or | 5 |
| organization organized for the purpose of practicing
shooting | 6 |
| at targets upon established target ranges, whether public or | 7 |
| private,
while using their firearms on those target ranges.
| 8 |
| (g) Subsections 24-1(a)(11) and 24-3.1(a)(6) do not apply | 9 |
| to:
| 10 |
| (1) Members of the Armed Services or Reserve Forces of | 11 |
| the United
States or the Illinois National Guard, while in | 12 |
| the performance of their
official duty.
| 13 |
| (2) Bonafide collectors of antique or surplus military | 14 |
| ordinance.
| 15 |
| (3) Laboratories having a department of forensic | 16 |
| ballistics, or
specializing in the development of | 17 |
| ammunition or explosive ordinance.
| 18 |
| (4) Commerce, preparation, assembly or possession of | 19 |
| explosive
bullets by manufacturers of ammunition licensed | 20 |
| by the federal government,
in connection with the supply of | 21 |
| those organizations and persons exempted
by subdivision | 22 |
| (g)(1) of this Section, or like organizations and persons
| 23 |
| outside this State, or the transportation of explosive | 24 |
| bullets to any
organization or person exempted in this | 25 |
| Section by a common carrier or by a
vehicle owned or leased | 26 |
| by an exempted manufacturer.
|
|
|
|
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LRB096 04121 RLC 24849 a |
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| 1 |
| (g-5) Subsection 24-1(a)(6) does not apply to or affect | 2 |
| persons licensed
under federal law to manufacture any device or | 3 |
| attachment of any kind designed,
used, or intended for use in | 4 |
| silencing the report of any firearm, firearms, or
ammunition
| 5 |
| for those firearms equipped with those devices, and actually | 6 |
| engaged in the
business of manufacturing those devices, | 7 |
| firearms, or ammunition, but only with
respect to
activities | 8 |
| that are within the lawful scope of that business, such as the
| 9 |
| manufacture, transportation, or testing of those devices, | 10 |
| firearms, or
ammunition. This
exemption does not authorize the | 11 |
| general private possession of any device or
attachment of any | 12 |
| kind designed, used, or intended for use in silencing the
| 13 |
| report of any firearm, but only such possession and activities | 14 |
| as are within
the
lawful scope of a licensed manufacturing | 15 |
| business described in this subsection
(g-5). During | 16 |
| transportation, those devices shall be detached from any weapon
| 17 |
| or
not immediately accessible.
| 18 |
| (h) An information or indictment based upon a violation of | 19 |
| any
subsection of this Article need not negative any exemptions | 20 |
| contained in
this Article. The defendant shall have the burden | 21 |
| of proving such an
exemption.
| 22 |
| (i) Nothing in this Article shall prohibit, apply to, or | 23 |
| affect
the transportation, carrying, or possession, of any | 24 |
| pistol or revolver,
stun gun, taser, or other firearm consigned | 25 |
| to a common carrier operating
under license of the State of | 26 |
| Illinois or the federal government, where
such transportation, |
|
|
|
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LRB096 04121 RLC 24849 a |
|
| 1 |
| carrying, or possession is incident to the lawful
| 2 |
| transportation in which such common carrier is engaged; and | 3 |
| nothing in this
Article shall prohibit, apply to, or affect the | 4 |
| transportation, carrying,
or possession of any pistol, | 5 |
| revolver, stun gun, taser, or other firearm,
not the subject of | 6 |
| and regulated by subsection 24-1(a)(7) or subsection
24-2(c) of | 7 |
| this Article, which is unloaded and enclosed in a case, firearm
| 8 |
| carrying box, shipping box, or other container, by the | 9 |
| possessor of a valid
Firearm Owners Identification Card.
| 10 |
| (Source: P.A. 95-331, eff. 8-21-07; 95-613, eff. 9-11-07; | 11 |
| 95-885, eff. 1-1-09.)
| 12 |
| Section 999. Effective date. This Act takes effect upon | 13 |
| becoming law.".
|
|