Illinois General Assembly - Full Text of HB0831
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Full Text of HB0831  98th General Assembly


Rep. Kelly M. Cassidy

Filed: 4/16/2013





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2    AMENDMENT NO. ______. Amend House Bill 831 by replacing
3everything after the enacting clause with the following:
4    "Section 1. Short title. This Act may be cited as the Guns
5In Public Act.
6    Section 5. Legislative findings; purpose and intent. The
7General Assembly hereby finds and declares:
8    (a) Gun violence takes an extraordinary toll on families
9and communities in Illinois. In 2010, over 1,000 individuals
10died from firearm-related injuries in Illinois. In that same
11year, incidents of gun murders, gun suicides, and unintentional
12shootings in Illinois killed 142 children and adolescents ages
1319 and younger.
14    (b) Firearms carried or possessed in public places increase
15the risk of deaths and injuries by increasing the chances that
16firearms will be used to settle disputes, and by increasing the



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1risk of an accidental shooting at a place where large numbers
2of people are gathered. The carrying or possession of firearms
3in public places also increases the risk that those firearms
4will be lost or stolen, and end up in the hands of criminals or
5other persons ineligible to possess firearms.
6    (c) Flawed application processes in existing state systems
7for licensing individuals to carry concealed weapons ("CCW
8laws") have allowed numerous persons prohibited from
9possessing firearms to receive CCW permits. Analyses have found
10that numerous criminals (including rapists, armed robbers,
11individuals who had pleaded guilty or no contest to felonies,
12individuals with outstanding warrants, people with active
13domestic violence injunctions against them, and 6 registered
14sex offenders) had been issued CCW licenses under other states'
15permissive laws.
16    (d) Research has shown that individuals issued CCW permits
17include not only people who have committed violent crimes in
18the past, but also those who subsequently commit violent
19crimes. One study found that Texas CCW permit holders were
20arrested for weapons-related crimes at a rate 81% higher than
21that of the state's general adult population. According to the
22Violence Policy Center (VPC), between May 2007 and November
232012, individuals licensed to carry concealed weapons ("CCW
24permit holders") killed at least 14 law enforcement officers
25and 485 private citizens (including 35 shooters who killed
26themselves after an attack).



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1    (e) On December 11, 2012, the Seventh Circuit Court of
2Appeals in Moore v. Madigan, upheld a challenge to the Illinois
3law prohibiting the carrying of handguns, either openly or
4concealed in public places. The Seventh Circuit reversed and
5remanded the lower court's dismissal of the challenge but
6stayed the mandate for 180 days to allow the General Assembly
7to remedy the violation by enacting a new law. Moore v.
8Madigan, 702 F.3d 933 (7th Cir. Ill. 2012).
9    (f) The Seventh Circuit's opinion in Moore suggested that
10Illinois adopt a discretionary concealed carry licensing law.
11The court explained that since Illinois "is not a state with a
12strong pro-gun culture, unlike the states that began allowing
13concealed carriage before Heller and MacDonald [sic] enlarged
14the scope of Second Amendment rights", a discretionary law
15would be more appropriate for Illinois than a law with only
16"minimal permit restrictions on carriage of guns outside the
17home". (emphasis in original). Additionally, the court
18endorsed a requirement that concealed carry licensing
19applicants demonstrate that they have experience using, and can
20safely handle, a firearm. The court also spoke approvingly of
21state legislation that would allow private property owners to
22prohibit firearms, including concealed weapons, on their
24    (g) On March 21, 2013, the Fourth Circuit Court of Appeals,
25in Woollard v. Gallagher, upheld Maryland's law restricting the
26carrying of firearms in public. Under Maryland's law, in order



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1to obtain a permit to carry a handgun in public, a person must
2demonstrate "a good and substantial reason to wear, carry, or
3transport a handgun, such as a finding that the permit is
4necessary as a reasonable precaution against apprehended
5danger." The Fourth Circuit held that this requirement does not
6violate the Second Amendment. Woollard v. Gallagher, 2013 U.S.
7App. LEXIS 5617 (4th Cir. Md. 2013).
8    (h) The Seventh Circuit's opinion in Moore favorably cited
9Kachalsky v. County of Westchester, 701 F.3d 81 (2d Cir. N.Y.
102012), a recent opinion of the Second Circuit Court of Appeals,
11which upheld New York's law restricting the carrying of
12firearms in public. New York's law gives the local issuing
13authority considerable discretion in deciding whether to issue
14a license, and has been interpreted to require an applicant for
15an unrestricted license to demonstrate "a special need for
16self-protection distinguishable from that of the general
17community". By favorably citing the Second Circuit's opinion in
18Kachalsky, the Seventh Circuit in Moore indicated that it
19agreed that New York's requirements are consistent with the
20Second Amendment.
21    (i) It is the purpose and intent of the General Assembly to
22restrict the carrying of firearms in public places in the State
23in compliance with the Seventh Circuit's opinion in Moore. The
24General Assembly further believes it is necessary to restrict
25the carrying of firearms in public places to individuals who
26have demonstrated a particularized need to carry a firearm in



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1public because they are exposed to unusual personal danger,
2distinct from other members of the community. The General
3Assembly further believes that individuals who are licensed to
4carry a concealed firearm in public should first undergo
5extensive safety training, and a comprehensive background
6check. The General Assembly believes these restrictions will
7help to reduce gun deaths and injuries and increase public
9    Section 10. Definitions. As used in this Act:
10    "Applicant" means a person who is applying for a license to
11carry a concealed firearm under this Act.
12    "Concealed firearm" means a loaded or unloaded handgun
13carried on or about a person entirely hidden from view of the
14public, or carried in a vehicle in such a way as it is entirely
15hidden from view of the public.
16    "Department" means the Department of State Police.
17    "Director" means the Director of State Police.
18    "Handgun" means any device which is designed to expel a
19projectile or projectiles by the action of an explosion,
20expansion of gas, or escape of gas that is designed to be held
21and fired by the use of a single hand. "Handgun" does not
22include a stun gun or taser.
23    "License" means a license issued by the Department of State
24Police to carry a loaded or unloaded concealed firearm.
25    "Licensee" means a person issued a license to carry a



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1concealed firearm.
2    "Peace officer" means (1) any person who by virtue of his
3or her office or public employment is vested by law with a duty
4to maintain public order or to make arrests for offenses,
5whether that duty extends to any offenses or is limited to
6specific offenses, or (2) any person who, by statute, is
7granted and authorized to exercise powers similar to those
8conferred upon any peace officer employed by a law enforcement
9agency of this State.
10    "Particularized need" means that the applicant is exposed
11to unusual personal danger, distinct from other members of the
13    "Superintendent" means the Superintendent of Police for
14the City of Chicago.
15    Section 15. Issuance of licenses to carry a concealed
17    (a) A licensee shall possess a license any time the
18licensee carries a concealed firearm except:
19        (1) if the person is carrying or possessing a concealed
20    firearm and the person is on his or her land or in his or
21    her abode or legal dwelling or in the abode or legal
22    dwelling of another adult as an invitee with that adult's
23    express permission to carry a concealed firearm;
24        (2) if the person is authorized to carry a firearm
25    under Section 24-2 of the Criminal Code of 2012; or



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1        (3) the firearm is broken down in a non-functioning
2    state, is not immediately accessible, or is unloaded and
3    enclosed in a firearm case, carrying box, shipping box, or
4    other similar portable container designed for the safe
5    transportation of firearms.
6    (a-5) A licensee shall display the license upon the request
7of a peace officer or person designated to enforce the
8provisions of Section 55.
9    (b) The Department shall make applications for a license
10available no later than 180 days after the date specified in
11subsection (g). Applications shall be available at Department
12locations, sheriff offices, Chicago Police Headquarters, on
13the Department's official website, and any other location
14designated by the Department.
15    (c) A completed application for a license shall be
16submitted to the office of the sheriff of the county in which
17the applicant resides with any accompanying materials and fees,
18unless the applicant resides in the City of Chicago, in which
19case the application shall be submitted to the Superintendent
20of Police. The applicant shall verify the contents of the
21application by oath or affirmation in writing before an officer
22authorized by the sheriff or Superintendent. The sheriff or
23Superintendent shall review the application and shall promptly
24return an incomplete application to the applicant. Each
25applicant for a license or renewal of a license under this Act
26shall pay at the time of application a fee to the Department in



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1an amount set by the Department, and a fee to the sheriff or
2Superintendent in an amount set by the sheriff or
4    (d) A sheriff or the Superintendent may submit a
5recommendation for approval of an application to the
6Department, if the applicant is an eligible individual under
7Section 20 who has sufficiently demonstrated, in the judgment
8of the sheriff or Superintendent, that:
9        (1) he or she has a particularized need for the
10    license;
11        (2) he or she is a responsible person; and
12        (3) the issuance of a license is in the public's
13    interest.
14    If the application is approved, the sheriff or
15Superintendent shall submit the application, any accompanying
16materials, and the application fee to the Department within 30
17days of receipt, unless good cause exists to extend this time
18period. Upon request of a municipal law enforcement agency, the
19sheriff shall notify the department of the name, address, and
20date of birth of any person submitting an application for a
21license. The municipal police department may submit to the
22sheriff information deemed to be relevant to the application,
23and the sheriff may consider the information when determining
24whether to submit an objection. If the applicant is found by a
25sheriff or Superintendent to be ineligible, the sheriff or
26Superintendent shall deny the application and notify the



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1applicant in writing, stating the grounds for denial. The
2notice of denial must inform the applicant that he or she may,
3within 30 days, appeal the denial. Upon receiving an appeal,
4the sheriff or Superintendent shall reconsider its decision and
5inform the applicant within 30 days of the result of the
6reconsideration. If upon reconsideration the sheriff or
7Superintendent denies the application, the applicant must be
8informed of the right to administrative review.
9    (e) Once the Department has received a recommendation for
10approval from the sheriff or Superintendent, the Department
11shall consider whether the applicant is eligible for a license
12under Section 20, and whether, in the judgment of the
13Department, the applicant meets the qualifications of
14subsection (d) of this Section. The Department may issue a
15license to an applicant who meets these requirements and has
16obtained the approval of the sheriff or Superintendent. If the
17applicant is found by the Department to be ineligible, the
18Department shall follow the procedures set forth in subsection
19(d) for reconsideration of the application.
20    (f) The license shall be issued or denied by the Department
21within 3 months of receipt of a completed application from a
22sheriff or the Superintendent, unless good cause exists to
23extend this time period. A license shall be valid throughout
24the State for a period of 5 years.
25    (g) Notwithstanding the other provisions of this Act, no
26license shall be issued under this Act unless and until the



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1Department has reported any persons prohibited from possessing
2a firearm to the National Instant Criminal Background Check
3System, Denied Persons Files, in accordance with Public Act
5    (h) Fees authorized by this Act shall be set in amounts
6sufficient to cover the costs of administering and enforcing
7this Act, and may be increased at any time as necessary to
8cover these costs.
9    (i) The Department shall adopt rules to implement the
10provisions of this Section.
11    Section 20. Eligibility of an applicant for a license. The
12Department shall not issue a license to an applicant completing
13an application in accordance with Section 25 of this Act unless
14the person has demonstrated that he or she:
15    (1) is at least 21 years of age;
16    (2) has a valid Firearm Owner's Identification Card;
17    (3) has been a resident of this State for at least the
18previous 30 days;
19    (4) has not, in this State or any other state, been
20convicted of, pled guilty to, or entered a plea of nolo
21contendere for: (A) a felony, (B) a misdemeanor involving the
22use or threat of physical force or violence to any person, (C)
23a misdemeanor involving the use, possession, or distribution of
24a controlled substance or cannabis within the 10 years
25preceding the date of the application, or (D) a misdemeanor



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1involving the manufacture, sale, carrying, possession, or use
2of a firearm or dangerous or deadly weapon or ammunition;
3    (5) has not been adjudicated a delinquent minor under the
4Juvenile Court Act of 1987 or a similar law in another
5jurisdiction, for an offense which, if committed by an adult,
6would disqualify the adult for a license under this Section;
7    (6) is not subject to an order of protection under Section
8112A-14 of the Code of Criminal Procedure of 1963 or under
9Section 214 of the Illinois Domestic Violence Act of 1986, or
10any similar law in another jurisdiction;
11    (7) has not been a patient in a mental institution within
12the past 5 years, has not been adjudicated as having a mental
13defect, or is not intellectually disabled;
14    (8) is not free on any form of bond or pretrial release,
15other than for a traffic offense, and has no outstanding
16warrants in this State or any other state;
17    (9) does not chronically and habitually abuse alcoholic
18beverages as evidenced by the applicant having one or more
19conviction for violating Section 11-501 of the Illinois Vehicle
20Code or similar provision of a local ordinance or another
21state's law within 5 years preceding the date of the
22application, or if the applicant has elected treatment under
23the supervision of a licensed program in accordance with the
24Alcoholism and Other Drug Abuse and Dependency Act or similar
25laws of any other state, within 5 years preceding the date of
26the application;



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1    (10) has completed firearms training and any educational
2component required in Section 70 of this Act; and
3    (11) possesses the same powers of eyesight as required for
4a driver's license under Section 6-109 of the Illinois Vehicle
6    Section 25. Contents of application.
7    (a) The application shall be in writing, under oath and
8penalty of perjury, on a standard form adopted by the
9Department and shall be accompanied by the documentation
10required in this Section and any applicable fees.
11    (b) The application shall contain the following
13        (1) the applicant's name, current address, home and
14    business telephone numbers, and cell phone number, if any,
15    gender, date and year of birth, place of birth, height,
16    weight, hair color, eye color, maiden name or any other
17    name the applicant has used or identified with, and any
18    address at which the applicant resided for more than 30
19    days within the 5 years preceding the date of the
20    application;
21        (2) the present business or occupation and any business
22    or occupation in which the applicant has engaged during the
23    5-year period immediately preceding the application and
24    the addresses of those businesses or places of employment;
25        (3) the applicant's driver's license or State



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1    identification card number and the last 4 digits of the
2    applicant's social security number;
3        (4) the marital status of the applicant;
4        (5) the names and last known addresses of the
5    applicant's spouse and any former spouses, children,
6    stepchildren, and foster children, current household
7    members and household members during the preceding 5 years:
8        (6) questions to certify or demonstrate the applicant
9    has completed firearms training and any educational
10    component required in Section 70 of this Act;
11        (7) proof that the applicant is a resident of this
12    State and has been for at least the previous 30 days;
13        (8) whether the federal government or a governmental
14    entity in any state or subdivision of any state has denied
15    or revoked the applicant's license, permit, registration,
16    or certificate pertaining to any firearm and if so, the
17    jurisdiction, the identifying number of the license,
18    permit, registration, or certificate, the reason, and the
19    date;
20        (9) whether the applicant has failed a drug test within
21    the preceding 5 years and if so, the provider of the test,
22    the specific substance involved, and date of the test;
23        (10) whether the applicant has ever been prohibited by
24    law from purchasing, possessing, or carrying a firearm and
25    if so, the jurisdiction, the date, and the reason for the
26    prohibition;



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1        (11) whether the applicant has been suspended or
2    expelled from a postsecondary educational institution,
3    such as a college or university, because of suspected
4    mental illness or violent behavior, and if so, the name of
5    the school, the date, and the reason for the suspension or
6    expulsion;
7        (12) a description of any incident in which the
8    applicant threatened, injured or killed any person, if a
9    firearm was involved or the incident occurred during the
10    preceding 5 years and the police were involved, including,
11    for each incident, the date, place, time, circumstances,
12    and the names of the persons and police agencies involved,
13    if any;
14        (13) a waiver of privacy and confidentiality rights and
15    privileges enjoyed by the applicant under any federal and
16    State laws, including those governing access to juvenile
17    court, criminal justice, psychological or psychiatric
18    records, or records relating to the applicant's history of
19    institutionalization, and an affirmative request that any
20    person having custody of the record provide it or
21    information concerning it to the Department;
22        (14) a conspicuous warning that false statements made
23    by the applicant will result in prosecution for perjury in
24    accordance with Section 32-2 of the Criminal Code of 2012;
25        (15) an affirmation that the applicant possesses a
26    currently valid Firearm Owner's Identification Card;



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1        (16) an affirmation that the applicant has never been
2    convicted in this State or any other state of (A) a felony,
3    (B) a misdemeanor involving the use or threat of physical
4    force or violence to any person, (C) a misdemeanor
5    involving the use, possession, or distribution of a
6    controlled substance or cannabis within the 10 years
7    preceding the date of the application, or (D) a misdemeanor
8    involving the manufacture, sale, carrying, possession or
9    use of a firearm or dangerous or deadly weapon or
10    ammunition;
11        (17) an explanation of the applicant's particularized
12    need for and intended use of the firearm, including
13    descriptions of any incident in which the applicant has
14    been threatened or injured, or copies of police reports or
15    restraining orders, if applicable;
16        (18) the make, model, manufacturer's name, caliber or
17    gauge, and serial number of each firearm to be carried
18    under the license;
19        (19) written agreement that, if the person is
20    approached by a peace officer while carrying a concealed
21    firearm under the license, the person will immediately
22    inform the officer that he or she is in possession of a
23    firearm and a license to carry a concealed firearm, and
24    will submit to a pat down search and allow the officer to
25    take possession of the firearm for the duration of the
26    encounter;



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1        (20) written consent to submit to one or more field
2    sobriety or chemical tests to determine the presence of
3    alcohol or drugs, at any point when the person is carrying
4    a concealed firearm and the person is approached by a peace
5    officer who has a reasonable suspicion that the person is
6    under the influence of alcohol or a controlled substance;
7        (21) proof that the applicant possesses the same powers
8    of eyesight as required for a driver's license under
9    Section 6-109 of the Illinois Vehicle Code. If an applicant
10    does not possess a current Illinois driver's license, the
11    applicant may present a current optometrist's or
12    ophthalmologist's statement certifying the vision reading
13    obtained from the applicant; and
14        (22) any other information that the sheriff,
15    Superintendent, or the Department finds necessary to
16    process an application.
17    (c) A person applying for a license shall provide a head
18and shoulder color photograph in a size specified by the
19Department that was taken within the 30 days preceding the date
20of the application. The applicant shall consent to both the
21sheriff or Superintendent and the Department reviewing and
22using the applicant's digital driver's license or Illinois
23Identification photograph and signature, if available. The
24Secretary of State shall allow the sheriff or Superintendent
25and the Department access to the photograph and signature for
26the purpose of identifying the applicant and issuing to the



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1applicant a license.
2    (d) A person applying for a license shall submit with an
3application a full set of legible fingerprints. Fingerprinting
4may be administered by the Department or any other federal,
5State, county, or municipal law enforcement agency. The cost of
6fingerprinting shall be paid by the applicant. The Department
7shall accept a hard copy or electronic version of fingerprints.
8    (e) A person applying for a license shall submit a
9photocopy of a certificate or other evidence of completion of a
10course to show compliance with Section 70 of this Act.
11    (f) The Department is authorized to establish a system for
12electronically submitting applications, including applications
13for renewal or a replacement license.
14    Section 30. Investigation of applicant.
15    (a) The sheriff, or if the applicant resides in the City of
16Chicago, the Superintendent of Police, shall complete a
17background check on an applicant for a license to carry a
18concealed firearm to ensure compliance with the requirements of
19this Act and any federal, State, and local laws. The background
20check shall include a search of the following:
21        (1) the National Instant Criminal Background Check
22    System of the Federal Bureau of Investigation;
23        (2) any available State and local criminal history
24    record information files, including records of juvenile
25    adjudications;



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1        (3) any available federal, State, and local records
2    regarding wanted persons;
3        (4) any available federal, State, and local records of
4    domestic violence restraining and protective orders;
5        (5) any available federal, State, and local records
6    identifying persons who are unlawful users of or addicted
7    to any controlled substance (as defined in Section 802 of
8    Title 21 of the United States Code);
9        (6) the files of the Department of Human Services
10    relating to mental health and developmental disabilities;
11    and
12        (7) any other available files of any federal, State,
13    local agency, and other entity (private or public) in any
14    jurisdiction likely to contain information relevant to
15    whether the applicant is prohibited from purchasing or
16    possessing a firearm under federal, State, or local law.
17    (b) As part of its investigation, the sheriff,
18Superintendent, or Department may, at its discretion, conduct
19interviews of the applicant, any of the applicant's current or
20former family or household members, co-workers, employers,
21neighbors, the character references as listed on the
22application, and any other member of the public who may have
23information relevant to the application.
24    Section 35. Database of applicants and licensees.
25    (a) The Department shall maintain a database of applicants



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1for a license and licenses. The database shall be available to
2any law enforcement agencies, State's Attorneys, and the
3Attorney General. Members and staff of the judiciary may access
4the database for the purpose of determining whether to
5confiscate a license or to ensure compliance with this Act or
6any other law. The database shall be searchable and provide any
7information included in the application, a photograph of the
8applicant or licensee, and any information related to
9violations of this Act. Individual law enforcement agencies
10shall not maintain a separate, searchable database of
11applicants and licensees containing information included in
12the database.
13    (b) The Department shall make available on its website
14statistical information about the number of licenses issued by
15county, age, race, or gender. The Department shall also make
16available on its website and upon request information about the
17number of arrests and convictions and the types of crimes
18committed since the last report by licensees. The report shall
19be updated quarterly. Except as provided in this subsection,
20applications and information in the database shall be
21confidential and exempt from disclosure under the Freedom of
22Information Act. The sheriff, Superintendent, or Department
23may answer requests to confirm or deny whether a person has
24been issued a license as part of inquiries dealing with a
25criminal investigation, and may disclose the existence of an
26application as necessary to conduct the interviews authorized



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1by subsection (b) of Section 30. No law enforcement agency,
2State's Attorney, or member or staff of the judiciary, other
3than the Department, shall provide any information to a
4requester not entitled to it by law, except as provided in this
6    Section 40. Suspension or revocation of a license.
7    (a) A license issued or renewed under this Act shall be
8revoked if, at any time, the licensee is found ineligible for a
9license based on the criteria set forth in Section 20 of this
10Act or the licensee no longer possesses a Firearm Owner's
11Identification Card. This subsection does not apply to a person
12who has filed an application with the State Police for renewal
13of a Firearm Owner's Identification Card and who is not
14otherwise ineligible to obtain a Firearm Owner's
15Identification Card.
16    (b) A license shall be revoked if an order of protection
17under Section 112A-14 of the Code of Criminal Procedure of 1963
18or under Section 214 of the Illinois Domestic Violence Act of
191986 is issued against a licensee, or if the Department is made
20aware of a similar order issued against the licensee in any
21other jurisdiction. If an order of protection is issued against
22a licensee, the licensee shall surrender the license, as
23applicable, to the court at the time the order is entered or to
24the law enforcement agency or entity designated to serve
25process at the time the licensee is served the order. The



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1court, law enforcement agency, or entity responsible for
2serving the order shall transmit the license to the Department.
3    (c) The Department may temporarily or permanently suspend a
4license for a violation of Section 55 of this Act in accordance
5with subsection (g) of Section 55.
6    (d) A license shall be invalid upon expiration of the
7license, unless the licensee has submitted an application to
8renew the license. A person who fails to renew his or her
9application within 30 days after its expiration must reapply
10for a new license and pay the fee for a new application.
11    (e) The Department may suspend a license if a licensee
12fails to submit a change of address or name or fails to report
13a lost or destroyed license to the Department within 30 days.
14    Section 45. Renewal of license.
15    (a) Not later than 120 days before the expiration of any
16license issued under this Act, the Department shall notify the
17licensee in writing of the expiration and furnish an
18application for renewal of the license or make the application
19available on-line.
20    (b) Applications for renewal of a license shall be made to
21the office of the sheriff of the county in which the applicant
22resides with any accompanying materials and fees, unless the
23applicant resides in the City of Chicago, in which case the
24application shall be made to the Superintendent of Police. The
25sheriff or Superintendent shall follow the procedures in



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1Section 15 for submittal of the renewal application and
2accompanying materials to the Department. A license may be
3renewed for a period of 5 years upon receipt of a completed
4renewal application, renewal fees, and completion of an
5investigation under Section 30. The renewal application shall
6contain the information required in Section 25, except that the
7applicant need not resubmit a full set of fingerprints. A
8license holder must repeat the safety training and testing
9requirements in Section 70 at least once every 5 years, and
10more frequently at the discretion of the sheriff or
12    Section 50. Change of address, change of name, or lost or
13destroyed licenses.
14    (a) The licensee shall notify the Department within 30 days
15of moving or changing a residence or any change of name, and
16upon the discovery of the loss or destruction of a license.
17    (b) If a licensee changes residence within this State or
18changes his or her name, the licensee shall request a new
19license. The licensee shall submit a fee in an amount set by
20the Department, a notarized statement that the licensee has
21changed residence or his or her name, and a photograph as
22required in Section 25 of this Act. The statement must include
23the prior and current address or name and the date the
24applicant moved or changed his or her name.
25    (c) A lost or destroyed license shall be invalid. To



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1request a new license, the licensee shall submit (1) a fee in
2an amount set by the Department, (2) a notarized statement that
3the licensee no longer possesses the license and that it was
4lost or destroyed, (3) a copy of a police report stating that
5the license was lost, destroyed, or stolen, and (4) a
6photograph as required in Section 25 of this Act.
7    Section 55. Restrictions.
8    (a) No license issued under this Act shall authorize any
9person to knowingly carry a concealed firearm into:
10        (1) Any building under the control of the Governor,
11    Lieutenant Governor, Attorney General, Secretary of State,
12    Comptroller, or Treasurer.
13        (2) Any building under control of the General Assembly
14    or any of its support service agencies, including the
15    portion of a building in which a committee of the General
16    Assembly convenes for the purpose of conducting meetings of
17    committees, joint committees, or legislative commissions.
18        (3) Any courthouse or building occupied in whole or in
19    part by the Circuit, Appellate, or Supreme Court or a room
20    designated as a courtroom for court proceedings by any of
21    these courts.
22        (4) Any meeting of the governing body of a unit of
23    local government or special district.
24        (5) Any place which is licensed to sell intoxicating
25    beverages.



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1        (6) Any area of an airport to which access is
2    controlled by the inspection of persons and property.
3        (7) Any place where the carrying of a firearm is
4    prohibited by federal law.
5        (8) Any elementary or secondary school.
6        (9) Any portion of a building used as a child care
7    facility. Nothing in this Section shall prevent the
8    operator of a child care facility in a family home from
9    owning or possessing a firearm or license, so long as the
10    firearm is stored unloaded in a locked container.
11        (10) Any gaming facility licensed under the Riverboat
12    Gambling Act or the Illinois Horse Racing Act of 1975.
13        (11) Any gated area of an amusement park.
14        (12) Any stadium, arena, or collegiate or professional
15    sporting event.
16        (13) A hospital or mental health facility.
17        (14) A library without the written consent of the
18    library's governing body. The governing body shall inform
19    the appropriate law enforcement agency of the consent.
20        (15) Any police, sheriff, or State Police office or
21    station without the consent of the chief law enforcement
22    officer in charge of that office or station.
23        (16) Any adult or juvenile detention or correctional
24    institution, prison, or jail.
25        (17) Any polling place on any election day.
26        (18) Any street fair or festival, farmer's market,



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1    carnival, concert, protest, parade or other temporary
2    special event, that is conducted primarily outdoors on
3    property open to the public, and that requires the issuance
4    of a permit from the city or county where it occurs, unless
5    the city or county specifically authorizes licensees to
6    carry concealed firearms at the event.
7        (19) Any private property without the express
8    permission of the owner, manager, operator, or individual
9    with the authority to control activities in that place at
10    that time. This provision shall apply to private property
11    of any kind, including private residences and places of
12    business, regardless of whether they are open or closed to
13    members of the public.
14        (20) Any building owned, leased, or controlled by a
15    municipality or any building or property owned, leased or
16    controlled by a school district unless authorized by a
17    majority vote of members of its governing board. Nothing in
18    this paragraph shall prohibit a licensee from carrying a
19    concealed firearm on any sidewalk, on any highway or
20    roadway, in any public restroom, or in the licensee's own
21    residence.
22    (a-1) Nothing in this Act shall preempt, abridge, limit, or
23diminish the authority of community colleges, and public and
24private colleges and universities from prohibiting,
25restricting or otherwise regulating firearms on their
26campuses, grounds and other property, including but not limited



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1to sidewalks, and commons, owned by the school district,
2community college, or public or private college or university
3or in buildings used in whole or in part for housing,
4classrooms, laboratories, medical clinics, hospitals, and
5artistic, athletic and entertainment venues; or on or in
6property owned, controlled or leased by officially recognized
7student organizations or officially recognized
8university-related organizations.
9    (a-2) Nothing in this Act shall preempt, abridge, limit or
10diminish the authority of community colleges, and public and
11private colleges and universities from prohibiting persons
12from carrying a firearm into a vehicle owned, leased or
13controlled by the school districts, community colleges, or
14public or private college or universities regardless of where
15the vehicle travels. School districts, community colleges, and
16public or private colleges or universities may develop
17resolutions, regulations, or policies regarding the storage
18and maintenance of firearms, including but not limited to
19designating areas where individuals may park vehicles that
20carry firearms. These resolutions, regulations, or policies
21may specify that persons in violation of the resolutions,
22regulations, or policies may be denied entrance to the campus,
23grounds, building, vehicles or other property and subjected to
24a civil fine of no more than $1,500 for any violation of the
25provisions of the resolution, regulation, or policy.
26    (a-3) Nothing in this Act shall preempt, abridge, limit, or



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1diminish the authority of community colleges, and public or
2private colleges or universities from taking actions
3proscribed by their resolutions, regulations, or policies
4against violations of the resolutions, regulations, or
5policies, which may qualify as student, employee, or visitor
6misconduct and may result in discipline, including, but not
7limited to, expulsion from the school district, community
8college, or public or private college or university,
9termination of employment or appointment, or suspension or
10banning from the school district, community college, or public
11or private college or university campuses, grounds and other
13    (a-4) Nothing in this Act shall preempt, abridge, limit, or
14diminish the authority of community colleges, and public or
15private colleges and universities from permitting the carrying
16or use of firearms for the purposes of instruction and
17curriculum of officially recognized programs, such as military
18science programs. These programs shall be authorized by the
19chief executive officer of the community college, or public or
20private college or university or his or her designee.
21    (b) A licensee shall not be in violation of this Section
22while he or she is traveling along a public right of way that
23touches or crosses any of the premises specified in subsection
24(a) if the handgun is carried on his or her person in
25accordance with the provisions of this Act or is being
26transported in a vehicle by the licensee in accordance with any



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1other applicable provisions of law.
2    (c) A license to carry a concealed firearm issued or
3renewed under this Act may include any additional reasonable
4restrictions or conditions which the Department deems
5warranted, including restrictions as to the time, place,
6manner, and circumstances under which the person may carry a
7firearm. No license to carry a concealed firearm issued under
8this Act shall be valid within the City of Chicago unless the
9Superintendent of Police of that City has issued a special
10permit authorizing the license holder to carry a concealed
11firearm in the City. No license to carry a concealed firearm
12shall be valid in Cook County outside the City of Chicago
13unless the Cook County Sheriff has issued a special permit
14authorizing the license holder to carry a concealed firearm in
15Cook County, except that a license holder who has received a
16special permit from the Superintendent of Police of the City of
17Chicago shall be authorized to carry a concealed firearm
18throughout Cook County.
19    (d) If a law enforcement officer initiates an investigative
20stop, including but not limited to a traffic stop, of a
21licensee who is carrying a concealed firearm, the licensee
22shall immediately disclose to the officer that he or she is in
23possession of a concealed firearm under this Act. The licensee
24shall comply with any lawful orders and directions from the
25officer. For the safety of the officer and the public, the
26officer may conduct a pat down of the licensee and take



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1possession of the firearm for the duration of the encounter.
2    (e) A licensee shall not carry a concealed firearm while
3under the influence of alcohol or any drug, substance, or
4compound in an amount that would render the licensee unfit to
5drive under Section 11-501 of the Illinois Vehicle Code. If a
6licensee is approached by a peace officer while carrying a
7concealed firearm and the officer has a reasonable suspicion
8that the licensee is under the influence, the officer may
9require the licensee to submit to one or more field sobriety or
10chemical tests to determine the presence of alcohol or any
11drug, substance, or compound that would render the licensee
12unfit to drive under Section 11-501 of the Illinois Vehicle
14    (f) A violation of subsection (a), (b), (c), (d), or (e) is
15a Class B misdemeanor. A knowing violation of subsection (a),
16(b), (c), (d), or (e) is a Class A misdemeanor. The court may
17require a licensee to pay a $150 fee, in addition to any other
18fees or court costs, for a violation of subsection (d).
19    (g) The Department may suspend a license for up to 180 days
20for a second or subsequent violation of subsection (a), (b),
21(c), (d), or (e). The Department shall permanently revoke a
22license for a willful violation of this Section.
23    Section 60. Immunity, employees, and agents. The office of
24the county sheriff, or any employee or agent of the county
25sheriff, or the Superintendent of the Chicago Police Department



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1or any employee or agent of the Superintendent, or the
2Department of State Police shall not be liable for damages in
3any civil action arising from alleged wrongful or improper
4granting, denying, renewing, revoking, suspending, or failure
5to grant, deny, renew, revoke, or suspend licenses issued under
6this Act, except for willful or wanton misconduct.
7    Section 65. Statistical report.
8    (a) By March 1 of each year, the Department shall submit a
9statistical report to the Governor, the President of the
10Senate, and the Speaker of the House of Representatives
11indicating the number of licenses issued, revoked, suspended,
12denied, and issued after appeal since the last report and in
13total and also the number of licenses currently valid. The
14report shall also include the number of arrests and convictions
15and the types of crimes committed since the last report by
16licensees, including the name of any licensee who has been
17convicted of a crime, and the type of crime.
18    (b) The Secretary of State shall conduct a study to
19determine the cost and feasibility of creating a method of
20adding an identifiable code, background, or other means to show
21that an individual has been issued a license by the Department
22on the person's driver's license.
23    Section 70. Applicant training.
24    (a) Students in the applicant training course shall provide



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1their own safe, functional handgun and factory-loaded
2ammunition. The applicant shall complete the requirements of
3this Section for each particular make and model of handguns
4that the applicant may be licensed to carry.
5    (b) The applicant training course shall be the standardized
6training course approved by the Department. The sheriff, or, if
7the applicant resides in the City of Chicago, the
8Superintendent may impose additional requirements for the
9training course. The course shall be taught by a qualified
10firearms instructor, consisting of at least 8 hours of
11instruction, covering at least the following topics for each
12particular handgun to be carried by the applicant:
13        (1) handgun safety in the classroom, at home, on the
14    firing range, or while carrying the firearm;
15        (2) the basic principles of marksmanship;
16        (3) care and cleaning of each particular handgun to be
17    carried by the applicant;
18        (4) by means of a instruction and videotape produced or
19    approved by the Department:
20            (A) the requirements for obtaining a license to
21        carry a concealed firearm in this State;
22            (B) laws relating to firearms as prescribed in this
23        Act, the Firearm Owners Identification Card Act,
24        Article 24 of the Criminal Code of 2012, and 18 U.S.C.
25        921 through 930; and
26            (C) laws relating to the justifiable use of force



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1        as prescribed in Article 7 of the Criminal Code of
2        2012.
3        (5) live firing exercises of sufficient duration for
4    each applicant to fire each particular handgun to be
5    carried by the applicant:
6            (A) a minimum of 50 rounds; and
7            (B) 30 rounds from a distance of 7 yards and 20
8        rounds from a distance of 15 yards at a B-21 silhouette
9        or equivalent target as approved by the Department;
10        (6) methods for safely storing and securing firearms
11    and ammunition and preventing access by children and other
12    unauthorized persons; and
13        (7) techniques for avoiding a criminal attack and how
14    to manage a violent confrontation, including conflict
15    resolution.
16    (c) Prior to conducting range firing, the course instructor
18        (1) inspect each applicant's firearm; and
19        (2) not allow the firing of a handgun which is not in
20    sound mechanical condition or otherwise may pose a safety
21    hazard.
22    (d) The classroom portion of the course may, at the
23qualified firearms instructor's discretion, be divided into
24segments of not less than 2 hours each.
25    (e) Applicant training courses shall not be open to anyone
26under the age of 21 and no certificate of completion shall be



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1issued to persons less than 21 years of age.
2    (f) Instructors shall maintain any records for students'
3performance for not less than 5 years.
4    (g) At the conclusion of the classroom portion of the
5applicant training course, the qualified firearms instructor
7        (1) distribute a standard course examination to the
8    students;
9        (2) not leave the room in which the examination is
10    being held while the examination is in progress;
11        (3) collect examination booklets and answer sheets
12    from each student at the end of the examination period; and
13        (4) not grade the examinations in the presence of
14    students.
15    (h) A person shall not:
16        (1) make an unauthorized copy of the applicant training
17    course examination, in whole or in part; or
18        (2) possess the applicant training course examination,
19    or questions from the examination, unless authorized by the
20    Department.
21    (i) During the firearms safety training course, the
22applicant must satisfactorily demonstrate to the course
23instructor the safe handling of each particular handgun to be
24carried by the applicant. This demonstration must include the
25proper loading and unloading of the handgun, the proper
26engaging and disengaging of common firearm safety mechanisms,



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1and the proper firing of the handgun. If the handgun has a
2detachable magazine, the demonstration must also include the
3proper removal and reattachment of the magazine.
4    (j) Grades of "passing" shall not be given on range work to
5an applicant who:
6        (1) does not follow the orders of the certified
7    firearms instructor;
8        (2) in the judgment of the certified firearms
9    instructor, handles a firearm in a manner that poses a
10    danger to the applicant or to others; or
11        (3) during the testing portion of the range work fails
12    to hit the silhouette portion of the target with 70% of the
13    30 rounds fired for each particular handgun to be carried
14    by the applicant.
15    (k) Certified firearms instructors shall:
16        (1) allow monitoring of their classes by officials of
17    any certifying agency;
18        (2) make any course records available upon demand to
19    authorized personnel of the Department; and
20        (3) not divulge course records except as authorized by
21    the certifying agency.
22    (l) Fees for applicant training courses shall be set by the
24    (m) An applicant training course shall not have more than
2540 students in the classroom portion or more than 5 students
26per range officer engaged in range firing.



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1    (n) Within 3 business days after the completion of the
2course, the certified firearms instructor shall:
3        (1) grade the examinations; and
4        (2) issue to the student:
5            (A) a certificate of successful course completion;
6        or
7            (B) notification that the applicant has failed the
8        written portion of the course, the live firing portion
9        of the course, or both, and will not be issued a
10        certificate of completion.
11    (o) A student shall be issued a certificate of completion
12if he or she:
13        (1) answers at least 70% of the written examination
14    questions correctly. The Department shall develop the
15    written exam not to exceed 50 questions; and
16        (2) achieves a grade of "passing" on the range work.
17    (p)(1) Students who score below 70% on the written
18examination may retake the examination one time without having
19to retake the course.
20    (2) Students who do not achieve a grade of "passing" on the
21range work may repeat the range work one time without having to
22retake the course.
23    (q) For purposes of this Section, successful completion of
24Firearms Instructor Training under Section 75 shall meet the
25training requirements of this Section if approved by the
26sheriff or Superintendent.



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1    Section 75. Firearms instructors training.
2    (a) Not later than 90 days after the effective date of this
3Act, the Department shall offer and teach courses to qualify
4instructors under this Section in each State Police District
5that has a suitable gun range. Courses shall be available at
6least bi-monthly, or whenever 5 or more individuals request a
7class in any State Police District. However, nothing in this
8Section shall require a course to be held if there are no
9requests pending, and adjoining districts may combine classes
10in order to have at least 5 participants.
11    (b) Persons who are not qualified firearms instructors
12shall not teach applicant training courses or advertise or
13otherwise represent courses they teach as qualifying their
14students to meet the requirements to receive a license under
15this Act.
16    (c) Persons who are not certified instructor trainers shall
17not teach instructor qualification courses.
18    (d) Persons wishing to become qualified firearms
19instructors shall:
20        (1) be at least 21 years of age;
21        (2) be a citizen of the United States; and
22        (3) meet the requirements of Section 20, and any
23    additional requirements established by the Department.
24    (e) Persons wishing to become instructor trainers, in
25addition to the requirements of subsection (d) of this Section,



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2        (1) possess a high school diploma or GED certificate;
3    and
4        (2) have at least one of the following valid firearms
5    instructor certifications:
6            (A) certification from a firearms instructor's
7        course offered by a State or federal governmental
8        agency; or
9            (B) a similar firearms instructor qualifying
10        course, approved by the Director of State Police or his
11        or her designee.
12    (f)(1) Persons wishing to become qualified firearms
13instructors or instructor trainers shall agree to background
15        (2) An applicant to become a qualified firearms
16    instructor may be disqualified from taking firearms
17    instructor training, or have his or her instructor
18    qualification revoked, if the applicant:
19            (A) does not meet the requirements of Section 20 of
20        this Act;
21            (B) provides false or misleading information on
22        the application; or
23            (C) has had a prior instructor qualification
24        revoked by the Department or other issuing body.
25    (g) The training course to certify firearms instructors and
26instructor trainers shall include:



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1        (1) At least 16 hours of instruction covering at least
2    the following topics by means of a videotape produced or
3    approved by the Department:
4            (A) the requirements for obtaining a license under
5        this Act;
6            (B) laws relating to firearms as contained in this
7        Act, the Firearm Owners Identification Card Act,
8        Article 24 of the Criminal Code of 2012, and 18 U.S.C.
9        921 through 930;
10            (C) laws relating to the justifiable use of force
11        as contained in Article 7 of the Criminal Code of 2012;
12            (D) the conducting of applicant training courses;
13            (E) record-keeping requirements of this Act;
14            (F) the basic nomenclature of handguns;
15            (G) the basic principles of marksmanship; and
16            (H) the safe handling of handguns.
17        (2) A classroom demonstration, during which the
18    instructor candidate shall receive instruction on and
19    demonstrate competency in the ability to prepare and
20    deliver a classroom presentation using materials from the
21    applicant curriculum.
22        (3) Range instruction and firing of live ammunition,
23    during which the instructor candidate shall receive
24    instruction on and demonstrate competency in the ability
25    to:
26            (A) handle and fire a handgun safely and



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1        accurately;
2            (B) conduct a function test and safety inspection
3        of revolvers and pistols;
4            (C) clean revolvers and pistols; and
5            (D) supervise and conduct live firing exercises in
6        a safe and efficient manner.
7    (h) To qualify as a certified firearms instructor or
8instructor trainer, instructor candidates shall meet any
9requirements established by the Department, and achieve:
10        (1) a minimum score of 80% on a written examination
11    covering the material taught during the classroom portion
12    of the course; and
13        (2) a minimum score of 80% on range firing of a handgun
14    while aiming at a B-21 silhouette target or an equivalent
15    as approved by the Department, with a minimum of:
16            (A) 20 rounds from 7 yards; and
17            (B) 10 rounds from 15 yards; and
18            (C) a score of "passing" from the course instructor
19        for demonstrating competency in each of the following:
20                (i) supervising and conducting live fire;
21                (ii) cleaning and inspecting handguns; and
22                (iii) preparing and delivering the classroom
23            lecture.
24    (i) Instructor candidates who fail to meet the minimum
25requirements of subsection (h) of this Section may retake the
26examination, range work, or classroom demonstration one time



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1without having to repeat the course.
2    (j) Qualified firearms instructor and instructor trainer
3certificates shall be valid for 10 years from the date of
4issue. Qualified firearms instructors or instructor trainers
5may renew their certification by successfully completing a
6refresher course offered or approved by the Department.
7    (k) The fees for instructor courses or refresher courses
8shall be $100 per student paid to the Department. Fees shall
9not be refunded to those who do not pass or otherwise fail to
10complete a course.
11    (l) Course participants shall provide their own safe,
12functional handgun and factory-loaded ammunition.
13    (m) Prior to conducting range firing, the course instructor
15        (1) inspect each applicant's firearm; and
16        (2) not allow the firing of a handgun which is not in
17    sound mechanical condition or otherwise may pose a safety
18    hazard.
19    Section 80. Features of a license.
20    (a) If an application for a license to carry a concealed
21firearm is approved, the Department shall issue to the
22applicant a license to carry a concealed firearm on a form
23prescribed by the Department which contains the applicant's
24name, photograph, residence address, date of birth, a unique
25license number, the make, model, caliber or gauge, and serial



09800HB0831ham001- 41 -LRB098 03658 RLC 44679 a

1number of the firearm or firearms to be carried, other personal
2information as may be required by the Department, the date the
3license expires, and any additional restrictions or conditions
4the Department may impose on the applicant's carrying of a
6    (b) A license to carry a concealed firearm issued by the
7this State shall not exempt the licensee from the requirements
8of a background check, including a check of the National
9Instant Criminal Background Check System, upon purchase or
10transfer of a firearm.
11    Section 105. The Freedom of Information Act is amended by
12changing Section 7.5 as follows:
13    (5 ILCS 140/7.5)
14    Sec. 7.5. Statutory Exemptions. To the extent provided for
15by the statutes referenced below, the following shall be exempt
16from inspection and copying:
17    (a) All information determined to be confidential under
18Section 4002 of the Technology Advancement and Development Act.
19    (b) Library circulation and order records identifying
20library users with specific materials under the Library Records
21Confidentiality Act.
22    (c) Applications, related documents, and medical records
23received by the Experimental Organ Transplantation Procedures
24Board and any and all documents or other records prepared by



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1the Experimental Organ Transplantation Procedures Board or its
2staff relating to applications it has received.
3    (d) Information and records held by the Department of
4Public Health and its authorized representatives relating to
5known or suspected cases of sexually transmissible disease or
6any information the disclosure of which is restricted under the
7Illinois Sexually Transmissible Disease Control Act.
8    (e) Information the disclosure of which is exempted under
9Section 30 of the Radon Industry Licensing Act.
10    (f) Firm performance evaluations under Section 55 of the
11Architectural, Engineering, and Land Surveying Qualifications
12Based Selection Act.
13    (g) Information the disclosure of which is restricted and
14exempted under Section 50 of the Illinois Prepaid Tuition Act.
15    (h) Information the disclosure of which is exempted under
16the State Officials and Employees Ethics Act, and records of
17any lawfully created State or local inspector general's office
18that would be exempt if created or obtained by an Executive
19Inspector General's office under that Act.
20    (i) Information contained in a local emergency energy plan
21submitted to a municipality in accordance with a local
22emergency energy plan ordinance that is adopted under Section
2311-21.5-5 of the Illinois Municipal Code.
24    (j) Information and data concerning the distribution of
25surcharge moneys collected and remitted by wireless carriers
26under the Wireless Emergency Telephone Safety Act.



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1    (k) Law enforcement officer identification information or
2driver identification information compiled by a law
3enforcement agency or the Department of Transportation under
4Section 11-212 of the Illinois Vehicle Code.
5    (l) Records and information provided to a residential
6health care facility resident sexual assault and death review
7team or the Executive Council under the Abuse Prevention Review
8Team Act.
9    (m) Information provided to the predatory lending database
10created pursuant to Article 3 of the Residential Real Property
11Disclosure Act, except to the extent authorized under that
13    (n) Defense budgets and petitions for certification of
14compensation and expenses for court appointed trial counsel as
15provided under Sections 10 and 15 of the Capital Crimes
16Litigation Act. This subsection (n) shall apply until the
17conclusion of the trial of the case, even if the prosecution
18chooses not to pursue the death penalty prior to trial or
20    (o) Information that is prohibited from being disclosed
21under Section 4 of the Illinois Health and Hazardous Substances
22Registry Act.
23    (p) Security portions of system safety program plans,
24investigation reports, surveys, schedules, lists, data, or
25information compiled, collected, or prepared by or for the
26Regional Transportation Authority under Section 2.11 of the



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1Regional Transportation Authority Act or the St. Clair County
2Transit District under the Bi-State Transit Safety Act.
3    (q) Information prohibited from being disclosed by the
4Personnel Records Review Act.
5    (r) Information prohibited from being disclosed by the
6Illinois School Student Records Act.
7    (s) Information the disclosure of which is restricted under
8Section 5-108 of the Public Utilities Act.
9    (t) All identified or deidentified health information in
10the form of health data or medical records contained in, stored
11in, submitted to, transferred by, or released from the Illinois
12Health Information Exchange, and identified or deidentified
13health information in the form of health data and medical
14records of the Illinois Health Information Exchange in the
15possession of the Illinois Health Information Exchange
16Authority due to its administration of the Illinois Health
17Information Exchange. The terms "identified" and
18"deidentified" shall be given the same meaning as in the Health
19Insurance Accountability and Portability Act of 1996, Public
20Law 104-191, or any subsequent amendments thereto, and any
21regulations promulgated thereunder.
22    (u) Records and information provided to an independent team
23of experts under Brian's Law.
24    (v) Names and information of people who have applied for or
25received Firearm Owner's Identification Cards under the
26Firearm Owners Identification Card Act.



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1    (w) Personally identifiable information which is exempted
2from disclosure under subsection (g) of Section 19.1 of the
3Toll Highway Act.
4    (x) Information which is exempted from disclosure under
5Section 5-1014.3 of the Counties Code or Section 8-11-21 of the
6Illinois Municipal Code.
7    (y) Information maintained by the Department of State
8Police in accordance with subsection (a) of Section 35 of the
9Guns In Public Act, except as authorized by that Act.
10(Source: P.A. 96-542, eff. 1-1-10; 96-1235, eff. 1-1-11;
1196-1331, eff. 7-27-10; 97-80, eff. 7-5-11; 97-333, eff.
128-12-11; 97-342, eff. 8-12-11; 97-813, eff. 7-13-12; 97-976,
13eff. 1-1-13.)
14    Section 110. The Criminal Code of 2012 is amended by
15changing Sections 21-6 and 24-2 as follows:
16    (720 ILCS 5/21-6)  (from Ch. 38, par. 21-6)
17    Sec. 21-6. Unauthorized Possession or Storage of Weapons.
18    (a) Whoever possesses or stores any weapon enumerated in
19Section 33A-1 in any building or on land supported in whole or
20in part with public funds or in any building on such land
21without prior written permission from the chief security
22officer for such land or building commits a Class A
24    (b) The chief security officer must grant any reasonable



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1request for permission under paragraph (a).
2    (c) This Section does not apply to a person acting lawfully
3under the Guns In Public Act.
4(Source: P.A. 89-685, eff. 6-1-97.)
5    (720 ILCS 5/24-2)
6    Sec. 24-2. Exemptions.
7    (a) Subsections 24-1(a)(3), 24-1(a)(4), 24-1(a)(10), and
824-1(a)(13) and Section 24-1.6 do not apply to or affect any of
9the following:
10        (1) Peace officers, and any person summoned by a peace
11    officer to assist in making arrests or preserving the
12    peace, while actually engaged in assisting such officer.
13        (2) Wardens, superintendents and keepers of prisons,
14    penitentiaries, jails and other institutions for the
15    detention of persons accused or convicted of an offense,
16    while in the performance of their official duty, or while
17    commuting between their homes and places of employment.
18        (3) Members of the Armed Services or Reserve Forces of
19    the United States or the Illinois National Guard or the
20    Reserve Officers Training Corps, while in the performance
21    of their official duty.
22        (4) Special agents employed by a railroad or a public
23    utility to perform police functions, and guards of armored
24    car companies, while actually engaged in the performance of
25    the duties of their employment or commuting between their



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1    homes and places of employment; and watchmen while actually
2    engaged in the performance of the duties of their
3    employment.
4        (5) Persons licensed as private security contractors,
5    private detectives, or private alarm contractors, or
6    employed by an agency certified by the Department of
7    Financial and Professional Regulation, if their duties
8    include the carrying of a weapon under the provisions of
9    the Private Detective, Private Alarm, Private Security,
10    Fingerprint Vendor, and Locksmith Act of 2004, while
11    actually engaged in the performance of the duties of their
12    employment or commuting between their homes and places of
13    employment, provided that such commuting is accomplished
14    within one hour from departure from home or place of
15    employment, as the case may be. A person shall be
16    considered eligible for this exemption if he or she has
17    completed the required 20 hours of training for a private
18    security contractor, private detective, or private alarm
19    contractor, or employee of a licensed agency and 20 hours
20    of required firearm training, and has been issued a firearm
21    control card by the Department of Financial and
22    Professional Regulation. Conditions for the renewal of
23    firearm control cards issued under the provisions of this
24    Section shall be the same as for those cards issued under
25    the provisions of the Private Detective, Private Alarm,
26    Private Security, Fingerprint Vendor, and Locksmith Act of



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1    2004. The firearm control card shall be carried by the
2    private security contractor, private detective, or private
3    alarm contractor, or employee of the licensed agency at all
4    times when he or she is in possession of a concealable
5    weapon.
6        (6) Any person regularly employed in a commercial or
7    industrial operation as a security guard for the protection
8    of persons employed and private property related to such
9    commercial or industrial operation, while actually engaged
10    in the performance of his or her duty or traveling between
11    sites or properties belonging to the employer, and who, as
12    a security guard, is a member of a security force of at
13    least 5 persons registered with the Department of Financial
14    and Professional Regulation; provided that such security
15    guard has successfully completed a course of study,
16    approved by and supervised by the Department of Financial
17    and Professional Regulation, consisting of not less than 40
18    hours of training that includes the theory of law
19    enforcement, liability for acts, and the handling of
20    weapons. A person shall be considered eligible for this
21    exemption if he or she has completed the required 20 hours
22    of training for a security officer and 20 hours of required
23    firearm training, and has been issued a firearm control
24    card by the Department of Financial and Professional
25    Regulation. Conditions for the renewal of firearm control
26    cards issued under the provisions of this Section shall be



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1    the same as for those cards issued under the provisions of
2    the Private Detective, Private Alarm, Private Security,
3    Fingerprint Vendor, and Locksmith Act of 2004. The firearm
4    control card shall be carried by the security guard at all
5    times when he or she is in possession of a concealable
6    weapon.
7        (7) Agents and investigators of the Illinois
8    Legislative Investigating Commission authorized by the
9    Commission to carry the weapons specified in subsections
10    24-1(a)(3) and 24-1(a)(4), while on duty in the course of
11    any investigation for the Commission.
12        (8) Persons employed by a financial institution for the
13    protection of other employees and property related to such
14    financial institution, while actually engaged in the
15    performance of their duties, commuting between their homes
16    and places of employment, or traveling between sites or
17    properties owned or operated by such financial
18    institution, provided that any person so employed has
19    successfully completed a course of study, approved by and
20    supervised by the Department of Financial and Professional
21    Regulation, consisting of not less than 40 hours of
22    training which includes theory of law enforcement,
23    liability for acts, and the handling of weapons. A person
24    shall be considered to be eligible for this exemption if he
25    or she has completed the required 20 hours of training for
26    a security officer and 20 hours of required firearm



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1    training, and has been issued a firearm control card by the
2    Department of Financial and Professional Regulation.
3    Conditions for renewal of firearm control cards issued
4    under the provisions of this Section shall be the same as
5    for those issued under the provisions of the Private
6    Detective, Private Alarm, Private Security, Fingerprint
7    Vendor, and Locksmith Act of 2004. Such firearm control
8    card shall be carried by the person so trained at all times
9    when such person is in possession of a concealable weapon.
10    For purposes of this subsection, "financial institution"
11    means a bank, savings and loan association, credit union or
12    company providing armored car services.
13        (9) Any person employed by an armored car company to
14    drive an armored car, while actually engaged in the
15    performance of his duties.
16        (10) Persons who have been classified as peace officers
17    pursuant to the Peace Officer Fire Investigation Act.
18        (11) Investigators of the Office of the State's
19    Attorneys Appellate Prosecutor authorized by the board of
20    governors of the Office of the State's Attorneys Appellate
21    Prosecutor to carry weapons pursuant to Section 7.06 of the
22    State's Attorneys Appellate Prosecutor's Act.
23        (12) Special investigators appointed by a State's
24    Attorney under Section 3-9005 of the Counties Code.
25        (12.5) Probation officers while in the performance of
26    their duties, or while commuting between their homes,



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1    places of employment or specific locations that are part of
2    their assigned duties, with the consent of the chief judge
3    of the circuit for which they are employed.
4        (13) Court Security Officers while in the performance
5    of their official duties, or while commuting between their
6    homes and places of employment, with the consent of the
7    Sheriff.
8        (13.5) A person employed as an armed security guard at
9    a nuclear energy, storage, weapons or development site or
10    facility regulated by the Nuclear Regulatory Commission
11    who has completed the background screening and training
12    mandated by the rules and regulations of the Nuclear
13    Regulatory Commission.
14        (14) Manufacture, transportation, or sale of weapons
15    to persons authorized under subdivisions (1) through
16    (13.5) of this subsection to possess those weapons.
17    (b) Subsections 24-1(a)(4) and 24-1(a)(10) and Section
1824-1.6 do not apply to or affect any of the following:
19        (1) Members of any club or organization organized for
20    the purpose of practicing shooting at targets upon
21    established target ranges, whether public or private, and
22    patrons of such ranges, while such members or patrons are
23    using their firearms on those target ranges.
24        (2) Duly authorized military or civil organizations
25    while parading, with the special permission of the
26    Governor.



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1        (3) Hunters, trappers or fishermen with a license or
2    permit while engaged in hunting, trapping or fishing.
3        (4) Transportation of weapons that are broken down in a
4    non-functioning state or are not immediately accessible.
5        (5) Carrying or possessing any pistol, revolver, stun
6    gun or taser or other firearm on the land or in the legal
7    dwelling of another adult person as an invitee with that
8    adult's person's permission to carry a concealed firearm.
9        (6) Carrying a concealed firearm in accordance with the
10    Guns In Public Act.
11    (c) Subsection 24-1(a)(7) does not apply to or affect any
12of the following:
13        (1) Peace officers while in performance of their
14    official duties.
15        (2) Wardens, superintendents and keepers of prisons,
16    penitentiaries, jails and other institutions for the
17    detention of persons accused or convicted of an offense.
18        (3) Members of the Armed Services or Reserve Forces of
19    the United States or the Illinois National Guard, while in
20    the performance of their official duty.
21        (4) Manufacture, transportation, or sale of machine
22    guns to persons authorized under subdivisions (1) through
23    (3) of this subsection to possess machine guns, if the
24    machine guns are broken down in a non-functioning state or
25    are not immediately accessible.
26        (5) Persons licensed under federal law to manufacture



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1    any weapon from which 8 or more shots or bullets can be
2    discharged by a single function of the firing device, or
3    ammunition for such weapons, and actually engaged in the
4    business of manufacturing such weapons or ammunition, but
5    only with respect to activities which are within the lawful
6    scope of such business, such as the manufacture,
7    transportation, or testing of such weapons or ammunition.
8    This exemption does not authorize the general private
9    possession of any weapon from which 8 or more shots or
10    bullets can be discharged by a single function of the
11    firing device, but only such possession and activities as
12    are within the lawful scope of a licensed manufacturing
13    business described in this paragraph.
14        During transportation, such weapons shall be broken
15    down in a non-functioning state or not immediately
16    accessible.
17        (6) The manufacture, transport, testing, delivery,
18    transfer or sale, and all lawful commercial or experimental
19    activities necessary thereto, of rifles, shotguns, and
20    weapons made from rifles or shotguns, or ammunition for
21    such rifles, shotguns or weapons, where engaged in by a
22    person operating as a contractor or subcontractor pursuant
23    to a contract or subcontract for the development and supply
24    of such rifles, shotguns, weapons or ammunition to the
25    United States government or any branch of the Armed Forces
26    of the United States, when such activities are necessary



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1    and incident to fulfilling the terms of such contract.
2        The exemption granted under this subdivision (c)(6)
3    shall also apply to any authorized agent of any such
4    contractor or subcontractor who is operating within the
5    scope of his employment, where such activities involving
6    such weapon, weapons or ammunition are necessary and
7    incident to fulfilling the terms of such contract.
8        During transportation, any such weapon shall be broken
9    down in a non-functioning state, or not immediately
10    accessible.
11        (7) A person possessing a rifle with a barrel or
12    barrels less than 16 inches in length if: (A) the person
13    has been issued a Curios and Relics license from the U.S.
14    Bureau of Alcohol, Tobacco, Firearms and Explosives; or (B)
15    the person is an active member of a bona fide, nationally
16    recognized military re-enacting group and the modification
17    is required and necessary to accurately portray the weapon
18    for historical re-enactment purposes; the re-enactor is in
19    possession of a valid and current re-enacting group
20    membership credential; and the overall length of the weapon
21    as modified is not less than 26 inches.
22        During transportation, any such weapon shall be broken
23    down in a non-functioning state, or not immediately
24    accessible.
25    (d) Subsection 24-1(a)(1) does not apply to the purchase,
26possession or carrying of a black-jack or slung-shot by a peace



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2    (e) Subsection 24-1(a)(8) does not apply to any owner,
3manager or authorized employee of any place specified in that
4subsection nor to any law enforcement officer.
5    (f) Subsection 24-1(a)(4) and subsection 24-1(a)(10) and
6Section 24-1.6 do not apply to members of any club or
7organization organized for the purpose of practicing shooting
8at targets upon established target ranges, whether public or
9private, while using their firearms on those target ranges.
10    (g) Subsections 24-1(a)(11) and 24-3.1(a)(6) do not apply
12        (1) Members of the Armed Services or Reserve Forces of
13    the United States or the Illinois National Guard, while in
14    the performance of their official duty.
15        (2) Bonafide collectors of antique or surplus military
16    ordinance.
17        (3) Laboratories having a department of forensic
18    ballistics, or specializing in the development of
19    ammunition or explosive ordinance.
20        (4) Commerce, preparation, assembly or possession of
21    explosive bullets by manufacturers of ammunition licensed
22    by the federal government, in connection with the supply of
23    those organizations and persons exempted by subdivision
24    (g)(1) of this Section, or like organizations and persons
25    outside this State, or the transportation of explosive
26    bullets to any organization or person exempted in this



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1    Section by a common carrier or by a vehicle owned or leased
2    by an exempted manufacturer.
3    (g-5) Subsection 24-1(a)(6) does not apply to or affect
4persons licensed under federal law to manufacture any device or
5attachment of any kind designed, used, or intended for use in
6silencing the report of any firearm, firearms, or ammunition
7for those firearms equipped with those devices, and actually
8engaged in the business of manufacturing those devices,
9firearms, or ammunition, but only with respect to activities
10that are within the lawful scope of that business, such as the
11manufacture, transportation, or testing of those devices,
12firearms, or ammunition. This exemption does not authorize the
13general private possession of any device or attachment of any
14kind designed, used, or intended for use in silencing the
15report of any firearm, but only such possession and activities
16as are within the lawful scope of a licensed manufacturing
17business described in this subsection (g-5). During
18transportation, these devices shall be detached from any weapon
19or not immediately accessible.
20    (g-6) Subsections 24-1(a)(4) and 24-1(a)(10) and Section
2124-1.6 do not apply to or affect any parole agent or parole
22supervisor who meets the qualifications and conditions
23prescribed in Section 3-14-1.5 of the Unified Code of
25    (g-7) Subsection 24-1(a)(6) does not apply to a peace
26officer while serving as a member of a tactical response team



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1or special operations team. A peace officer may not personally
2own or apply for ownership of a device or attachment of any
3kind designed, used, or intended for use in silencing the
4report of any firearm. These devices shall be owned and
5maintained by lawfully recognized units of government whose
6duties include the investigation of criminal acts.
7    (g-10) Subsections 24-1(a)(4), 24-1(a)(8), and
824-1(a)(10), and Sections 24-1.6 and 24-3.1 do not apply to an
9athlete's possession, transport on official Olympic and
10Paralympic transit systems established for athletes, or use of
11competition firearms sanctioned by the International Olympic
12Committee, the International Paralympic Committee, the
13International Shooting Sport Federation, or USA Shooting in
14connection with such athlete's training for and participation
15in shooting competitions at the 2016 Olympic and Paralympic
16Games and sanctioned test events leading up to the 2016 Olympic
17and Paralympic Games.
18    (h) An information or indictment based upon a violation of
19any subsection of this Article need not negative any exemptions
20contained in this Article. The defendant shall have the burden
21of proving such an exemption.
22    (i) Nothing in this Article shall prohibit, apply to, or
23affect the transportation, carrying, or possession, of any
24pistol or revolver, stun gun, taser, or other firearm consigned
25to a common carrier operating under license of the State of
26Illinois or the federal government, where such transportation,



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1carrying, or possession is incident to the lawful
2transportation in which such common carrier is engaged; and
3nothing in this Article shall prohibit, apply to, or affect the
4transportation, carrying, or possession of any pistol,
5revolver, stun gun, taser, or other firearm, not the subject of
6and regulated by subsection 24-1(a)(7) or subsection 24-2(c) of
7this Article, which is unloaded and enclosed in a case, firearm
8carrying box, shipping box, or other container, by the
9possessor of a valid Firearm Owners Identification Card.
10(Source: P.A. 96-7, eff. 4-3-09; 96-230, eff. 1-1-10; 96-742,
11eff. 8-25-09; 96-1000, eff. 7-2-10; 97-465, eff. 8-22-11;
1297-676, eff. 6-1-12; 97-936, eff. 1-1-13; 97-1010, eff. 1-1-13;
13revised 8-23-12.)
14    Section 999. Effective date. This Act takes effect upon
15becoming law.".