Illinois General Assembly - Full Text of HB0997
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Full Text of HB0997  98th General Assembly

HB0997ham009 98TH GENERAL ASSEMBLY

Rep. Brandon W. Phelps

Filed: 4/18/2013

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 997

2    AMENDMENT NO. ______. Amend House Bill 997, AS AMENDED, by
3replacing everything after the enacting clause with the
4following:
 
5    "Section 1. Short title. This Act may be cited as the
6Illinois Concealed Carry Act.
 
7    Section 10. Definitions. As used in this Act:
8    "Concealed firearm" means a loaded or unloaded handgun
9carried on or about a person completely or mostly concealed
10from view of the public, or carried in a vehicle in such a way
11as it is concealed from view of the public.
12    "Department" means the Department of State Police.
13    "Director" means the Director of State Police.
14    "Fund" means the Citizen Safety and Self-Defense Trust
15Fund.
16    "Handgun" means any device which is designed to expel a

 

 

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1projectile or projectiles by the action of an explosion,
2expansion of gas, or escape of gas that is designed to be held
3and fired by the use of a single hand, and includes a
4combination of parts from which that firearm can be assembled.
5"Handgun" includes, but is not limited to, magazines,
6ammunition, laser sighting devices and other accessories
7intrinsic to a handgun carried for defensive purposes.
8"Handgun" does not include a stun gun or taser.
9    "License" means a license issued by the Department of State
10Police to carry a loaded or unloaded handgun.
11    "Licensee" means a person issued a license to carry a
12concealed firearm.
13    "Peace officer" means (i) any person who by virtue of his
14or her office or public employment is vested by law with a duty
15to maintain public order and to make arrests for offenses,
16whether that duty extends to all offenses or is limited to
17specific offenses, or (ii) any person who, by statute, is
18granted and authorized to exercise powers similar to those
19conferred upon any peace officer employed by a law enforcement
20agency of this State. The term "peace officer" does not apply
21to an alderman acting as a conservator of the peace under
22Section 3.1-15-25 of the Illinois Municipal Code.
 
23    Section 15. State Police Firearm Services Fund and Mental
24Health Reporting Fund.
25    (a) All application fees shall be deposited into the State

 

 

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1Police Firearm Services Fund and the Mental Health Reporting
2Fund. For each new license or nonresident license, $70 shall be
3apportioned to the State Police Firearm Services Fund and $30
4shall be apportioned to the Mental Health Reporting Fund. For
5each renewal, duplicate, corrected or late renewal fee, $20
6shall be apportioned to the State Police Firearm Services Fund
7and $15 shall be apportioned to the Mental Health Reporting
8Fund.
9    (b) State Police Firearm Services Fund. There is created in
10the State treasury a special fund known as the State Police
11Firearm Services Fund. The Fund shall receive revenue under
12Section 5 of the Firearms Owners Identification Card Act, this
13Act, and Section 24-1.9 of the Criminal Code of 2012. The Fund
14may also receive revenue from grants, pass-through grants,
15donations, appropriations and any other lawful source.
16        (1) The Department of State Police may use monies in
17    the Fund to finance any of its lawful purposes, mandates,
18    functions, and duties under the Firearm Owners
19    Identification Card Act, this Act, and Section 24-1.9 of
20    the Criminal Code of 2012, including the cost of sending
21    notices of expiration and Firearms Owner's Identification
22    Cards, concealed carry licenses, the prompt and efficient
23    processing of applications under the Firearm Owners
24    Identification Card Act, and this Act, the improved
25    efficiency and reporting of the LEADS and federal NICS law
26    enforcement data systems, and support for investigations

 

 

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1    required under these Acts and laws. Any surplus funds
2    beyond what is needed to comply with the aforementioned
3    purposes shall be used by the Department to improve LEADS
4    and the criminal history background check system.
5        (2) Investment income that is attributable to the
6    investment of moneys in the Fund shall be retained in the
7    Fund for the uses specified in paragraph (1) of this
8    subsection.
9        (3) The State Police Firearm Services Fund shall not be
10    subject to administrative chargebacks.
11    (c) Mental Health Reporting Fund. There is created in the
12State treasury a special fund known as the Mental Health
13Reporting Fund. The Fund shall receive revenue under this Act.
14The Fund may also receive revenue from grants, pass-through
15grants, donations, appropriations, and any other lawful
16source.
17        (1) Acting in coordination, the Department of State
18    Police and the Department of Human Services may use monies
19    in the Fund to finance any of duties related to collecting
20    mental health records and ensuring that mental health
21    firearm prohibitions are enforced as set forth under the
22    Firearm Owners Identification Card Act and this Act. Any
23    surplus funds beyond what is needed to ensure compliance
24    with mental health reporting shall be used by the
25    Department of Human Services for mental health treatment
26    programs.

 

 

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1        (2) Investment income that is attributable to the
2    investment of moneys in the Fund shall be retained in the
3    Fund for the uses specified in paragraph (1) of this
4    subsection.
5        (3) The Mental Health Reporting Fund shall not be
6    subject to administrative chargebacks.
 
7    Section 20. Issuance of licenses to carry a concealed
8firearm.
9    (a) The Department shall issue a license to an applicant
10who: (i) meets the qualifications of Section 25 or Section 65;
11(ii) has provided the application and documentation required in
12Section 30; and (iii) has submitted the requisite fees. The
13Department shall issue a renewal, corrected, or duplicate
14license in accordance with this Act.
15    (a-5) The Department is authorized to issue licenses to
16carry a handgun under this Act. A license shall permit the
17licensee to:
18        (1) carry a loaded or unloaded handgun on or about his
19    or her person, concealed or otherwise;
20        (2) keep or carry a loaded or unloaded handgun on or
21    about his or her person when in a vehicle; and
22        (3) keep a loaded or unloaded handgun openly or
23    concealed in a vehicle.
24    (a-10) A licensee shall possess a license at all times the
25licensee carries a concealed firearm except (i) if the person

 

 

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1is carrying or possessing a concealed firearm and the person is
2on his or her land, or in his or her abode or legal dwelling, or
3in the abode or legal dwelling of another person as an invitee
4with that person's permission; (ii) if the person is authorized
5to carry a firearm under Section 24-2 of the Criminal Code of
62012; or (iii) the handgun is broken down in a non-functioning
7state, or is not immediately accessible, or is enclosed in a
8case, firearm carrying box, shipping box or any other
9container.
10    (a-15) A licensee shall display the license upon the
11request of a peace officer or person designated to enforce the
12provisions of Section 70 when carrying a handgun under the
13provisions of this Act.
14    (b) Not more than 60 days after the effective date of this
15Act, the Department shall make applications for a license
16available upon the effective date of this Act. Applications
17shall be available at Department locations, on the Department's
18official website, and any other location designated by the
19Department.
20    (c) A completed application for a license shall be
21submitted to the Department with all accompanying materials and
22fees. The Department shall promptly return an incomplete
23application to the applicant. Each applicant for a license
24shall submit an $100 application fee to the Department, $70 of
25which shall be deposited into State Police Firearm Services
26Fund for use in administering the Firearm Owners Identification

 

 

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1Act and this Act, and $30 of which shall be deposited into the
2Mental Health Reporting Fund.
3    (d) The Department may consider an objection to an
4application, provided the objection is in writing, includes
5specific reasons for the objection, and is submitted with the
6application by a municipal law enforcement agency or sheriff.
7Any objection submitted by a sheriff or a municipal law
8enforcement agency including reports submitted to the
9Department must be disclosed to the applicant unless disclosure
10would interfere with a criminal investigation. The Department
11shall maintain a database of applicants searchable by county
12that may be accessible by sheriffs for use in filing an
13objection under this subsection.
14    (e) Notwithstanding subsection (a), the Department may
15consider any objection or recommendation made by the sheriff or
16a municipal law enforcement agency that demonstrates the
17applicant is a danger to himself or herself or others. Based
18upon those objections, if the applicant is found by the
19Department to be a danger to himself or herself or others, the
20Department may deny the application and notify the applicant
21and the sheriff or the municipal law enforcement agency in
22writing, stating the grounds for denial. The notice of denial
23must inform the applicant that he or she may, within 90 days
24for the first year after this Act takes effect and within 45
25days thereafter, appeal the denial and submit additional
26materials relevant to the grounds for denial. Upon receiving

 

 

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1the additional documentation, the Department shall reconsider
2its decision and inform the applicant within 30 days of the
3result of the reconsideration. If upon reconsideration the
4Department denies the application, the applicant must be
5informed of the right to administrative review.
6    (f) During an administrative or judicial review of a denial
7based on subsection (d) or (e) of this Section, the Department
8shall have the burden of proving by clear and convincing
9evidence that the applicant would pose a danger to the
10applicant's self, another, or public safety, or would use a
11firearm unlawfully, if granted a license to carry a concealed
12firearm under this Act.
13    (g) The license shall be issued by the Department within 90
14days of receipt of a completed application for the first year
15after the effective date of this Act, and within 45 days of
16receipt thereafter. A license shall be valid throughout the
17State for a period of 5 years. If the Department does not act
18on the application within the time period provided in
19subsection (e), the applicant may file, in the circuit court of
20the judicial circuit in which the applicant resides, a
21complaint for mandamus to compel a decision on the application.
22If the applicant prevails, he or she shall be entitled to all
23costs, fees, and damages. If the court decides that the reason
24for the denial was arbitrary, capricious, malicious, or without
25merit, the court shall award punitive damages.
26    (h) Any Illinois resident who has a license or permit to

 

 

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1carry a handgun issued by another state, as set forth in
2paragraph (1) of subsection (b) of Section 65, shall be able to
3carry a handgun in accordance with this Act using that license
4for 365 days following the effective date of this Act. Those
5states include, but are not limited to: Arizona, California,
6Florida, Iowa, Kentucky, Michigan, Minnesota, Missouri, New
7Mexico, Ohio, Tennessee, Texas, and Wisconsin.
8    (i) The Department shall adopt rules to implement the
9provisions of this Section.
 
10    Section 25. Qualifications of an applicant for a license.
11The Department shall issue a license to an applicant completing
12an application in accordance with Section 30 of this Act if the
13person:
14        (a) is at least 21 years of age;
15        (b) has a valid Firearm Owner's Identification Card or,
16    if applying for a nonresident license, has a notarized
17    document stating that the applicant is eligible under
18    federal law and the laws of his or her home state to
19    possess a firearm;
20        (c) is not prohibited under the Firearm Owners
21    Identification Card Act or federal law from possessing or
22    receiving a firearm;
23        (d) is not the subject of a pending arrest warrant,
24    prosecution, or proceeding for an offense or action that
25    could lead to disqualification under subsection (c);

 

 

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1        (e) does not chronically or habitually abuse alcoholic
2    beverages, as evidenced by either of the following within
3    the 5 years immediately preceding the application:
4            (1) residential or court-ordered treatment for
5        alcoholism or alcohol detoxification; or
6            (2) 2 or more convictions for driving while under
7        the influence or driving while intoxicated; and
8        (f) has completed firearms training and any
9    educational component required in Section 85 of this Act.
 
10    Section 30. Contents of application.
11    (a) The application shall be in writing, under oath and
12penalty of perjury, on a standard form adopted by the
13Department and shall be accompanied by the documentation
14required in this Section and all applicable fees.
15    (b) The application shall contain the following
16information:
17        (1) the applicant's name, current address, gender,
18    date and year of birth, place of birth, height, weight,
19    hair color, eye color, maiden name or any other name the
20    applicant has used or identified with, and any address at
21    which the applicant resided for more than 30 days within
22    the 5 years preceding the date of the application;
23        (2) the applicant's driver's license or state
24    identification card number and the last 4 digits of the
25    applicant's social security number;

 

 

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1        (3) questions to certify or demonstrate the applicant
2    has completed firearms training and any educational
3    component required in Section 85 of this Act;
4        (4) a statement that the applicant is a resident of the
5    State of Illinois, except persons applying under Section 65
6    shall be instructed to submit the information required in
7    that Section;
8        (5) a waiver of privacy and confidentiality rights and
9    privileges enjoyed by the applicant under State and federal
10    law sufficient to obtain access to juvenile court, criminal
11    justice, psychological, or psychiatric records, or records
12    relating to the applicant's history, if any, of
13    institutionalization or inpatient treatment for alcoholism
14    or alcohol detoxification, as well as an affirmative
15    request that any person having custody of those records
16    provide copies of them or information concerning them to
17    the Department for the sole purpose of making a
18    determination of an applicant's eligibility under Section
19    25;
20        (6) a conspicuous warning that false statements made by
21    the applicant will result in prosecution for perjury in
22    accordance with Section 32-2 of the Criminal Code of 2012;
23        (7) an affirmation that the applicant either possesses
24    a currently valid Illinois Firearm Owner's Identification
25    Card, in which case the application shall include the card
26    number, or is applying for the card in conjunction with the

 

 

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1    application for a license, except persons applying under
2    Section 65 shall be instructed to submit a copy of a valid
3    license to carry a handgun issued by their home state, if
4    applicable, or submit a notarized document stating the
5    applicant is eligible under the laws of his or her home
6    state to possess a handgun;
7        (8) an affirmation that the applicant meets the
8    requirements of Section 25 and is not prohibited under the
9    Firearm Owners Identification Card Act or federal law from
10    possessing a firearm; and
11        (9) an affirmation that the applicant has read and
12    understands Article 7 of the Criminal Code of 2012
13    (Justifiable Use of Force; Exoneration).
14    (c) A person applying for a license shall provide a head
15and shoulder color photograph in a size specified by the
16Department that was taken within the 30 days preceding the date
17of the application. The applicant shall consent to the
18Department reviewing and using the applicant's digital
19driver's license or Illinois Identification Card photograph
20and signature, if available. The Secretary of State shall allow
21the Department access to the photograph and signature for the
22purpose of identifying the applicant and issuing the applicant
23a license.
24    (d) The Department may request a person applying for a
25license to submit a full set of legible fingerprints if
26necessary to determine the person's identity. Fingerprinting

 

 

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1may be administered by the Department or any other federal,
2State, county, or municipal law enforcement agency or private
3vendor or company. The cost of fingerprinting shall be paid by
4the applicant, provided that the Department or law enforcement
5agency may charge no more than $15 for a single set of
6fingerprints. Each applicant for a license that the Department
7requests to have his or her fingerprints submitted to the
8Department shall submit them in an electronic format that
9complies with the form and manner for requesting and furnishing
10criminal history record information as prescribed by the
11Department. These fingerprints shall be checked against the
12Department and the Federal Bureau of Investigation criminal
13history record databases. The Department shall charge
14applicants a fee for conducting the criminal history records
15check, which shall be deposited into the State Police Firearm
16Services Fund and shall not exceed the actual cost of the
17criminal history records check.
18    (e) A person applying for a license shall submit a
19photocopy of a certificate or other evidence of completion of a
20course to show compliance with Section 85 of this Act.
21    (f) The Department is authorized to establish a system for
22electronically submitting applications, including applications
23for renewal or a replacement license.
 
24    Section 35. Database of applicants and licensees. Not more
25than one year after the effective date of this Act:

 

 

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

 

 

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1judicial staff shall sign a confidentiality agreement,
2prepared by the Department, prior to receiving access to the
3database. No law enforcement agency, State's Attorney, the
4Attorney General, or member or staff of the judiciary, other
5than the Department, shall provide any information to a
6requester not entitled to it by law, except as required or
7necessary for the conduct of a criminal investigation.
 
8    Section 40. Suspension or revocation of a license.
9    (a) A license issued or renewed under this Act shall be
10revoked if, at any time, the licensee is found ineligible for a
11license based on the criteria set forth in Section 25 of this
12Act or the licensee no longer possesses a Firearm Owner's
13Identification Card or a nonresident licensee if his or her
14home state has revoked a license to carry a firearm. A license
15shall not be revoked unless the revocation is for reasons
16specifically authorized by this Act. This subsection shall not
17apply to a person who has filed an application with the State
18Police for renewal of a Firearm Owner's Identification Card and
19who is not otherwise ineligible to obtain a Firearm Owner's
20Identification Card.
21    (b) A license shall be suspended if an order of protection
22under Section 112A-14 of the Code of Criminal Procedure of 1963
23or under Section 214 of the Illinois Domestic Violence Act of
241986 is issued against a licensee. The license shall be
25suspended for the duration of the order or until the order is

 

 

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1terminated by a court and the Department shall not reissue or
2renew a license for the duration of the order or until the
3order is terminated. If an order of protection is issued
4against a licensee, the licensee shall surrender the license,
5as applicable, to the court at the time the order is entered or
6to the law enforcement agency or entity designated to serve
7process at the time the licensee is served the order. The
8court, law enforcement agency, or entity responsible for
9serving the order shall transmit the license to the Department.
10    (c) The Department may suspend a license for a violation of
11Section 70.
12    (d) A license shall be invalid upon expiration of the
13license, unless the licensee has submitted an application to
14renew the license. A person who fails to renew his or her
15license within 6 months after its expiration must reapply for a
16new license and pay the fee for a new application.
17    (e) The Department may suspend a license for up to 90 days
18if a licensee fails to submit a change of address or name or
19fails to report a lost or destroyed license to the Department
20within 60 days of the discovery of the loss or destruction of
21the license.
 
22    Section 45. Renewal of license.
23    (a) Not later than 120 days before the expiration of any
24license issued under this Act, the Department shall notify the
25licensee in writing of the expiration and furnish an

 

 

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1application for renewal of the license or make the application
2available on-line.
3    (b) Applications for renewal of a license shall be made to
4the Department. A license shall be renewed for a period of 5
5years upon receipt of a completed renewal application and a
6$100 renewal fee. An applicant for a renewal shall submit, on a
7form prescribed by the Department, proof that the applicant
8has: (i) participated in at least one shooting competition with
9a handgun within 6 months of the application for renewal and
10attested to by any instructor qualified under this Act; or (ii)
11completed an equivalent range exercise as prescribed in Section
1285 and attested to by any instructor qualified under this Act.
13The Department shall make the range recertification form
14available on its website or as part of a renewal application.
 
15    Section 50. Change of address, change of name, or lost or
16destroyed licenses.
17    (a) The licensee shall notify the Department within 60 days
18of: (i) moving or changing a residence or any change of name;
19or (ii) the discovery of the loss or destruction of a license.
20    (b) If a licensee changes residence within this State or
21changes his or her name, the licensee shall request a new
22license. The licensee shall submit a $50 fee, a notarized
23statement that the licensee has changed residence or his or her
24name, and a photograph as required in Section 30 of this Act.
25The statement must include the prior and current address or

 

 

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1name and the date the applicant moved or changed his or her
2name.
3    (c) A lost or destroyed license shall be invalid. To
4request a new license, the licensee shall submit: (i) a $50
5fee; (ii) a notarized statement that the licensee no longer
6possesses the license and that it was lost or destroyed, or a
7copy of a police report stating that the license was lost,
8destroyed, or stolen; and (iii) a photograph as required in
9Section 30 of this Act.
 
10    Section 65. Nonresident applications and reciprocity.
11    (a) A person from another state or territory of the United
12States may apply for a nonresident license. The applicant shall
13apply to the Department and must meet the qualifications
14established in Section 25. The applicant shall submit:
15        (1) the application and documentation required in
16    Section 30;
17        (2) a notarized document stating the applicant:
18            (A) is eligible under federal law and the laws of
19        his or her home state to possess a firearm;
20            (B) if applicable, has a license or permit to carry
21        a firearm or concealed firearm issued by his or her
22        home state and that a copy is attached to the
23        application;
24            (C) is familiar with Illinois laws pertaining to
25        the possession and transport of firearms; and

 

 

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1            (D) acknowledges that the applicant is subject to
2        the jurisdiction of the Department and Illinois courts
3        for any violation of this Act; and
4        (3) a $100 application fee.
5    In lieu of an Illinois driver's license or State
6identification card, the person shall provide similar
7documentation from his or her state or territory; a nonresident
8shall not be required to have a Firearm Owner's Identification
9Card.
10    (b)(1) Notwithstanding subsection (a), a nonresident of
11Illinois may carry a handgun in accordance with this Act if the
12nonresident:
13        (A) is 21 years of age or older;
14        (B) has in his or her immediate possession a valid
15    license that authorizes the individual to carry a concealed
16    firearm issued to him or her by his or her home state; and
17        (C) is a legal resident of the United States.
18    The Department shall recognize any other state's license or
19permit whose requirements to obtain a license or permit is
20substantially similar to those requirements contained in
21Section 85. When required by another state, the Department
22shall enter into a reciprocal agreement with that state. Those
23states with substantially similar laws include, but are not
24limited to: Arizona, California, Florida, Iowa, Kentucky,
25Michigan, Minnesota, Missouri, New Mexico, Ohio, Tennessee,
26Texas, and Wisconsin.

 

 

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1    (2) A nonresident is subject to the same laws and
2restrictions with respect to carrying a handgun as a resident
3of Illinois who is licensed under this Act.
4    (3) If the resident of another state who is the holder of a
5valid license to carry a concealed weapon or concealed firearm
6issued in another state establishes legal residence in this
7State, the license shall remain in effect for 90 days following
8the date on which the holder of the license establishes legal
9residence in this State. For the purposes of this paragraph,
10the person may establish legal residence in this State by: (A)
11registering to vote; or (B) obtaining an Illinois driver's
12license or state identification card; or (C) filing for
13homestead tax exemption on property in this State.
 
14    Section 70. Restrictions.
15    (a) No license issued under this Act shall authorize any
16person to knowingly carry a concealed firearm into:
17        (1) Any building or parking lot area under control of
18    the General Assembly or any of its support service
19    agencies, including the portion of a building in which a
20    committee of the General Assembly convenes for the purpose
21    of conducting meetings of committees, joint committees, or
22    legislative commissions; except that nothing in this
23    Section shall prevent a member of the General Assembly from
24    allowing licensees to carry a firearm into his or her
25    district office.

 

 

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1        (2) Any courthouse, part of that building, or parking
2    lot area that is occupied by the Circuit, Appellate, or
3    Supreme Court, or a room designated for court proceedings
4    by any of these courts, except as provided in subsection
5    (a-5).
6        (3) Any meeting of the governing body of a unit of
7    local government or special district.
8        (4) Any building or parking lot area under the control
9    of an establishment licensed to dispense alcoholic
10    beverages for consumption on the premises if less than 50%
11    of its annual gross income comes from the sale of food.
12        (5) Any secure area of an airport to which access is
13    controlled by the inspection of persons and property.
14        (6) Any place where the carrying of a firearm is
15    prohibited by federal law.
16        (7) Any building, real property, or parking lot area
17    under the control of an elementary or secondary school
18    building without the consent of school authorities. School
19    authorities shall inform the appropriate law enforcement
20    agency and any law enforcement personnel on site of that
21    consent.
22        (8) Any portion of a building used as, or parking lot
23    area under the control of, a child care facility without
24    the consent of the owner or manager. Nothing in this
25    Section shall prevent the operator of a child care facility
26    in a family home from owning or possessing a firearm or

 

 

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1    license.
2        (9) Any building or parking lot area under the control
3    of a casino licensed under the Riverboat Gambling Act. This
4    shall not apply to any place of business that is not a
5    casino licensed for video gaming.
6        (10) Any gated area of, or parking lot area under the
7    control of, an amusement park.
8        (11) Any stadium or arena, or parking lot area under
9    the control of the stadium or arena, and any collegiate or
10    professional sporting event.
11        (12) A building or parking lot area under the control
12    of a residential mental health facility.
13        (13) Any community college, college, or university
14    building, or real property or parking lot area under the
15    control of a community college, college, or university,
16    without consent of the school authorities. School
17    authorities shall inform the appropriate law enforcement
18    agency and any law enforcement personnel on site of that
19    consent. A community college, college, or university may
20    prohibit the carrying of a firearm on its campus.
21        (14) A public library building, or parking lot area of
22    a public library, without the written consent of the
23    library's governing body. The governing body shall inform
24    the appropriate law enforcement agency of that consent.
25        (15) Any police, sheriff, or State Police office,
26    station, or parking lot area under the control of police,

 

 

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1    sheriff, or State Police, without the consent of the chief
2    law enforcement officer in charge of that office or
3    station.
4        (16) Any adult or juvenile detention or correctional
5    institution, prison, or jail, or parking lot area under the
6    control of a adult or juvenile detention or correctional
7    institution, prison, or jail.
8        (17) Any property (including, but not limited to, any
9    street, driveway, or parking lot), building, or facility
10    owned, leased, controlled, or used by a nuclear energy,
11    storage, weapons, or development site or facility
12    regulated by the federal Nuclear Regulatory Commission.
13    (a-5) Judges, and State's Attorneys or assistant State's
14Attorneys with the permission of the State's Attorney, who
15possess a valid license under this Act may possess a firearm in
16any courthouse in which they are employed, but shall be
17required to follow any rules applicable to sworn peace officers
18to maintain facility security.
19    (b) A municipality, county, or school district may prohibit
20or limit licensees from carrying a firearm into or within any
21building or portion of any building owned, leased, or
22controlled by the municipality, county, or school district by a
23majority vote of the members of its legislative body or
24governing board. The resolution, ordinance, or policy shall not
25prohibit a licensee from carrying a concealed firearm into or
26within any building used for public housing; into or within any

 

 

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1publicly-accessible restroom or rest stop; into, within, or on
2any bridge, tunnel, overpass, underpass, elevated walkway, or
3other structure used as a public right of way; or into or
4within any publicly-accessible parking facility. The
5resolution, ordinance, or policy shall not prohibit a licensee
6from carrying a concealed firearm in a public transportation
7facility or while accessing the services of a public
8transportation agency, including while traveling via public
9transportation. For purposes of this Section, "public
10transportation agency" means a public or private agency, or any
11combination thereof, that provides for the transportation or
12conveyance of persons by means available to the general public,
13except taxicabs, livery cabs, or limousines. Violators of the
14resolution or ordinance may be removed from the premises and
15assessed a civil fine of up to $100.
16    (c) The owner of a business or commercial lessee, or a
17private business enterprise, or any other private
18organization, entity, or person, may prohibit licensees from
19carrying a concealed firearm on the premises under its control.
20However, a private landlord of a residential or commercial
21property shall not prohibit any lessee from possessing or
22carrying a firearm in accordance with this Act in or on the
23leased premises or during ingress to or egress from the leased
24premises.
25    (c-1) The Governor, Lieutenant Governor, Attorney General,
26Secretary of State, Comptroller, or Treasurer may prohibit

 

 

09800HB0997ham009- 25 -LRB098 04070 JWD 44847 a

1licensees from carrying a handgun in buildings under their
2control.
3    (d) Any person licensed under this Act who is prohibited
4from carrying a concealed firearm into a building by the
5provisions of subsection (a) or under an ordinance, resolution,
6or policy adopted in accordance with subsection (b) or (c)
7shall be permitted to store that firearm or ammunition out of
8plain sight in his or her locked vehicle or in a locked
9compartment or container within or securely affixed to the
10outside of the vehicle. A licensee shall not be in violation of
11this Section while he or she is traversing a public right of
12way that touches or crosses any of the premises specified in
13subsection (a) or from which firearms are prohibited under the
14provisions of subsection (b) or (c), provided that the firearm
15is carried on his or her person or in a vehicle in accordance
16with this Act or is being transported in a case or container in
17accordance with applicable law. A licensee shall not be in
18violation of subsection (b) or (c) if the responsible party for
19the premises fails to conspicuously post notice of the
20prohibition at all public entrances to the building in
21accordance with subsection (g).
22    (e) If a law enforcement officer initiates an investigative
23stop, including but not limited to a traffic stop, of a
24licensee who is carrying a concealed firearm under the
25provisions of this Act, the licensee shall disclose as soon as
26reasonably possible to the officer that he or she is in

 

 

09800HB0997ham009- 26 -LRB098 04070 JWD 44847 a

1possession of a concealed firearm under this Act. Disclosure
2may be accomplished by oral notification or by providing or
3displaying the license to carry a concealed firearm to the
4officer. Any firearm that is removed from a licensee during an
5investigative stop shall be returned immediately to the
6licensee in its original condition upon conclusion of the stop
7unless the licensee is placed under arrest.
8    (f) A licensee shall not carry a handgun under the
9provisions of this Act while under the influence of illegal
10drugs or hallucinogenic drugs or alcohol. For the purposes of
11this subsection (f), under the influence of alcohol means a
12blood alcohol content of .08 or greater.
13    (g) Signs stating that the carrying of a firearm is
14prohibited shall be clearly and conspicuously posted at every
15entrance of a building or premises specified in subsection (a)
16or designated in accordance with subsection (b) or (c). Signs
17shall be of a uniform size and design, not smaller than 8
18inches by 10 inches as prescribed by the Department. The
19Department shall adopt rules for standardized signs to be used
20under this subsection.
21    (h) A violation of subsection (a), (b), (c), (d), or (f) is
22a Class B misdemeanor. A willful violation of subsection (a),
23(b), (c), (d), or (f) is a Class A misdemeanor.
24    (i) A violation of subsection (e) is a Class B misdemeanor;
25the licensee may be fined up to $200 plus costs plus a $50 fee
26to be deposited: $35 into the State Police Firearm Services

 

 

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1Fund and $15 into the Mental Health Services Fund.
 
2    Section 75. Immunity, employees, and agents. The office of
3the county sheriff, or any employee or agent of the county
4sheriff, or the Department of State Police shall not be liable
5for damages in any civil action arising from alleged wrongful
6or improper granting, renewing, or failure to revoke licenses
7issued under this Act, except for willful or wanton misconduct.
8The office of the county sheriff and any employees or agents
9shall not be liable for submitting specific or articulable
10reasons why an applicant should be denied a license, unless the
11objection contains false, malicious, or inaccurate information
12and the objection constitutes willful and wanton misconduct.
13Any owner, business or commercial lessee, landlord, manager of
14a private business enterprise, employer, or any other
15organization, entity, person, public or private college,
16university, or post-secondary educational institution that
17does not prohibit licensees from carrying firearms on property
18it owns or occupies is immune from any liability arising from
19its decision.
 
20    Section 80. Fees.
21    (a) Fees collected under this Act by the Department and
22deposited into the State Police Firearm Services Fund shall be
23appropriated for administration of this Act.
24    (b) Fees shall be those set in subsection (c) of Section

 

 

09800HB0997ham009- 28 -LRB098 04070 JWD 44847 a

120:
2    New license: $100.
3    Renewal of license: $35.
4    Duplicate license due to lost or destroyed: $35.
5    Corrected license due to change of address or name: $35.
6    (c) By March 1 of each year, the Department shall submit a
7statistical report to the Governor, the President of the
8Senate, and the Speaker of the House of Representatives
9indicating the number of licenses issued, revoked, suspended,
10denied, and issued after appeal since the last report and in
11total and also the number of licenses currently valid. The
12report shall also include the number of arrests and convictions
13and the types of crimes committed by licensees since the last
14report.
15    (d) The Secretary of State shall conduct a study to
16determine the cost and feasibility of creating a method of
17adding an identifiable code, background, or other means to show
18that an individual has been issued a license by the Department
19on the person's driver's license or State-issued
20identification card.
 
21    Section 85. Applicant training.
22    (a) Applicants shall provide proof of completion of a
23firearms training course of at least 8 hours that covers the
24following:
25        (1) handgun safety in the classroom, at home, on the

 

 

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1    firing range, and while carrying the firearm;
2        (2) the basic principles of marksmanship;
3        (3) care and cleaning of handguns; and
4        (4) laws relating to the justifiable use of force.
5    (b) Applicants shall provide proof of certification by a
6certified instructor that the applicant passed a live fire
7exercise with a handgun consisting of:
8        (1) a minimum of 30 rounds; and
9        (2) 10 rounds from a distance of 5 yards, 10 rounds
10    from a distance of 7 yards, and 10 rounds from a distance
11    of 10 yards at a B-27 silhouette or equivalent target as
12    approved by the Department.
13    (b-5) Students may provide their own safe, functional
14handgun. The qualification shall be performed with
15factory-loaded ammunition.
16    (b-6) Grades of "passing" shall not be given on range work
17to an applicant who:
18        (1) does not follow the orders of the certified
19    firearms instructor;
20        (2) in the judgment of the certified firearms
21    instructor, handles a firearm in a manner that poses a
22    danger to the applicant or to others; or
23        (3) during the testing portion of the range work fails
24    to hit the silhouette portion of the target with 70% of the
25    30 rounds fired.
26    (c) The classroom portion of the course may, at the

 

 

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1qualified firearms instructor's discretion, be divided into
2segments of not less than 2 hours each.
3    (d) Instructors shall maintain all records for students'
4performance for not less than 5 years.
5    (e) Certified firearms instructors shall:
6        (1) allow monitoring of their classes by officials of
7    any certifying agency;
8        (2) make all course records available upon demand to
9    authorized personnel of the Department; and
10        (3) not divulge course records except as authorized by
11    the certifying agency.
12    (f) Fees for applicant training courses shall be set by the
13instructor.
14    (g) An applicant training course shall not have more than
1540 students in the classroom portion nor more than 5 students
16per range officer engaged in range firing.
17    (h) Persons with the following training or certifications
18are exempt from the requirements of subsection (a) of this
19Section:
20        (1) An individual who has qualified to carry a firearm
21    as a retired or active law enforcement officer.
22        (2) Any active, retired, or honorably discharged
23    member of the armed forces.
24        (3) An individual certified as a law enforcement
25    instructor by the Illinois Law Enforcement Training
26    Standards Board or other equivalent agency.

 

 

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1        (4) An individual eligible to teach courses and certify
2    range qualifications under subsection (b) of Section 90.
 
3    Section 90. Firearms instructors training.
4    (a) Not later than 30 days after the effective date of this
5Act, the Department shall establish a registry of instructors
6who are eligible to teach courses or sign off on range
7qualifications, or both, to meet the requirements of Section 85
8of this Act.
9    (b) Instructors who are eligible to teach courses and
10certify range qualifications shall have one of the following
11valid firearms instructor certifications:
12        (1) Certification from any entity that offers
13    education and training in firearms use and safety;
14        (2) Certification from a law enforcement agency that
15    offers education and training in firearms use and safety;
16        (3) Certification from a firearms instructor's course
17    offered by a State or federal governmental agency; or
18        (4) Certification from a firearms instructor
19    qualifying course approved by the Illinois Law Enforcement
20    Training Standards Board.
21    (c) Instructors who are eligible to teach courses and
22certify range qualifications shall be at least 21 years of age
23and possess at least a high school diploma or GED certificate.
24    (d) An applicant may have his or her instructor
25qualification revoked if the applicant:

 

 

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1        (1) does not meet the requirements of this Act to
2    possess a concealed firearms permit;
3        (2) provides false or misleading information to the
4    Board; or
5        (3) has had a prior instructor qualification revoked by
6    the Board or other certifying organization.
 
7    Section 95. Home rule preemption. The regulation and
8licensing of firearms, including their possession, carrying,
9transportation, or the issuance of licenses to carry concealed
10firearms, is an exclusive power and function of the State.
11Except as provided in subsection (b) of Section 70, a home rule
12unit shall not regulate the possession, carrying, or
13transportation of firearms, their components or accessories,
14or ammunition by a person licensed under this Act. A home rule
15unit shall not require registration of firearms, regulate the
16number of firearms, or make any other requirements or
17regulations of a person licensed under this Act. This Section
18is a limitation under subsection (i) of Section 6 of Article
19VII of the Illinois Constitution on the exercise by home rule
20units of powers and functions exercised by the State. Any unit
21of local government that violates this Section shall be liable
22for all costs, fees, and damages to anyone impacted by any rule
23or ordinance.
 
24    Section 100. Expedited appeal. A judgment of a circuit

 

 

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1court declaring this Act or any part of this Act
2unconstitutional or unenforceable is appealable directly to
3the Supreme Court. The notice of appeal shall be filed within
430 days after the judgment of the circuit court declaring this
5Act or any part of this Act unconstitutional or unenforceable.
6The manner of appeal shall be as provided in Supreme Court
7Rules.
 
8    Section 105. Severability. The provisions of this Act are
9severable under Section 1.31 of the Statute on Statutes.
 
10    Section 110. The Freedom of Information Act is amended by
11changing Section 7.5 as follows:
 
12    (5 ILCS 140/7.5)
13    Sec. 7.5. Statutory Exemptions. To the extent provided for
14by the statutes referenced below, the following shall be exempt
15from inspection and copying:
16    (a) All information determined to be confidential under
17Section 4002 of the Technology Advancement and Development Act.
18    (b) Library circulation and order records identifying
19library users with specific materials under the Library Records
20Confidentiality Act.
21    (c) Applications, related documents, and medical records
22received by the Experimental Organ Transplantation Procedures
23Board 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
12Article.
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
19sentencing.
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

 

 

09800HB0997ham009- 36 -LRB098 04070 JWD 44847 a

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.

 

 

09800HB0997ham009- 37 -LRB098 04070 JWD 44847 a

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
9Illinois Concealed Carry 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 115. The Department of State Police Law of the
15Civil Administrative Code of Illinois is amended changing
16Sections 2605-45 and 2605-300 as follows:
 
17    (20 ILCS 2605/2605-45)  (was 20 ILCS 2605/55a-5)
18    Sec. 2605-45. Division of Administration. The Division of
19Administration shall exercise the following functions:
20        (1) Exercise the rights, powers, and duties vested in
21    the Department by the Governor's Office of Management and
22    Budget Act.
23        (2) Pursue research and the publication of studies
24    pertaining to local law enforcement activities.

 

 

09800HB0997ham009- 38 -LRB098 04070 JWD 44847 a

1        (3) Exercise the rights, powers, and duties vested in
2    the Department by the Personnel Code.
3        (4) Operate an electronic data processing and computer
4    center for the storage and retrieval of data pertaining to
5    criminal activity.
6        (5) Exercise the rights, powers, and duties vested in
7    the former Division of State Troopers by Section 17 of the
8    State Police Act.
9        (6) Exercise the rights, powers, and duties vested in
10    the Department by "An Act relating to internal auditing in
11    State government", approved August 11, 1967 (repealed; now
12    the Fiscal Control and Internal Auditing Act, 30 ILCS 10/).
13        (6.5) Exercise the rights, powers, and duties vested in
14    the Department by the Firearm Owners Identification Card
15    Act.
16        (6.10) Exercise the rights, powers, and duties vested
17    in the Department by the Illinois Concealed Carry Act.
18        (7) Exercise other duties that may be assigned by the
19    Director to fulfill the responsibilities and achieve the
20    purposes of the Department.
21(Source: P.A. 94-793, eff. 5-19-06.)
 
22    (20 ILCS 2605/2605-300)  (was 20 ILCS 2605/55a in part)
23    Sec. 2605-300. Records; crime laboratories; personnel. To
24do the following:
25        (1) Be a central repository and custodian of criminal

 

 

09800HB0997ham009- 39 -LRB098 04070 JWD 44847 a

1    statistics for the State.
2        (2) Be a central repository for criminal history record
3    information.
4        (3) Procure and file for record information that is
5    necessary and helpful to plan programs of crime prevention,
6    law enforcement, and criminal justice.
7        (4) Procure and file for record copies of fingerprints
8    that may be required by law.
9        (5) Establish general and field crime laboratories.
10        (6) Register and file for record information that may
11    be required by law for the issuance of firearm owner's
12    identification cards under the Firearm Owners
13    Identification Card Act and concealed carry licenses under
14    the Illinois Concealed Carry Act.
15        (7) Employ polygraph operators, laboratory
16    technicians, and other specially qualified persons to aid
17    in the identification of criminal activity.
18        (8) Undertake other identification, information,
19    laboratory, statistical, or registration activities that
20    may be required by law.
21(Source: P.A. 90-18, eff. 7-1-97; 90-130, eff. 1-1-98; 90-372,
22eff. 7-1-98; 90-590, eff. 1-1-00; 90-655, eff. 7-30-98; 90-793,
23eff. 8-14-98; 91-239, eff. 1-1-00.)
 
24    Section 120. The State Police Act is amended by adding
25Section 25 as follows:
 

 

 

09800HB0997ham009- 40 -LRB098 04070 JWD 44847 a

1    (20 ILCS 2610/25 new)
2    Sec. 25. Emergency procurement authorized. In order to
3comply with recent court rulings regarding concealed carry in
4Illinois, the provisions of this amendatory Act of the 98th
5General Assembly, together with any procurements necessary for
6the implementation of the Illinois Concealed Carry Act, shall
7be eligible for emergency procurement for a period not more
8than 180 days after the effective date of this amendatory Act.
 
9    Section 125. The State Finance Act is amended by adding
10Sections 5.826 and 5.827 as follows:
 
11    (30 ILCS 105/5.826 new)
12    Sec. 5.826. The Mental Health Reporting Fund.
 
13    (30 ILCS 105/5.827 new)
14    Sec. 5.827. The State Police Firearm Services Fund.
 
15    (30 ILCS 105/5.206 rep.)
16    Section 130. The State Finance Act is amended by repealing
17Section 5.206.
 
18    Section 135. The Firearm Owners Identification Card Act is
19amended by changing Sections 5 and 13.2 and by adding Section
205.1 as follows:
 

 

 

09800HB0997ham009- 41 -LRB098 04070 JWD 44847 a

1    (430 ILCS 65/5)  (from Ch. 38, par. 83-5)
2    Sec. 5. The Department of State Police shall either approve
3or deny all applications within 30 days from the date they are
4received, and every applicant found qualified pursuant to
5Section 8 of this Act by the Department shall be entitled to a
6Firearm Owner's Identification Card upon the payment of a $10
7fee. Any applicant who is an active duty member of the Armed
8Forces of the United States, a member of the Illinois National
9Guard, or a member of the Reserve Forces of the United States
10is exempt from the application fee. $6 of each fee derived from
11the issuance of Firearm Owner's Identification Cards, or
12renewals thereof, shall be deposited in the Wildlife and Fish
13Fund in the State Treasury; $1 of such fee shall be deposited
14in the State Police Services Fund and $3 of such fee shall be
15deposited in the State Police Firearm Services Fund Firearm
16Owner's Notification Fund. Monies in the State Police Firearm
17Services Fund Firearm Owner's Notification Fund shall be used
18exclusively to pay for the cost of sending notices of
19expiration of Firearm Owner's Identification Cards under
20Section 13.2 of this Act, and the purposes specified in Section
212605-595 of the Department of State Police Law of the Civil
22Administrative Code of Illinois. Excess monies in the Firearm
23Owner's Notification Fund shall be used to ensure the prompt
24and efficient processing of applications received under
25Section 4 of this Act.

 

 

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1(Source: P.A. 95-581, eff. 6-1-08; 96-91, eff. 7-27-09.)
 
2    (430 ILCS 65/5.1 new)
3    Sec. 5.1. State Police Firearm Services Fund. All moneys
4remaining in the Firearm Owner's Notification Fund on the
5effective date of this amendatory Act of the 98th General
6Assembly shall be transferred into the State Police Firearm
7Services Fund, a special fund in the State treasury, to be
8expended by the Department of State Police, for the purposes
9specified in Section 5.
 
10    (430 ILCS 65/13.2)  (from Ch. 38, par. 83-13.2)
11    Sec. 13.2. The Department of State Police shall, 60 days
12prior to the expiration of a Firearm Owner's Identification
13Card, forward by first class mail to each person whose card is
14to expire a notification of the expiration of the card and an
15application which may be used to apply for renewal of the card.
16It is the obligation of the holder of a Firearm Owner's
17Identification Card to notify the Department of State Police of
18any address change since the issuance of the Firearm Owner's
19Identification Card. Whenever any person moves from the
20residence address named on his or her card, the person shall
21within 21 calendar days thereafter notify in a form and manner
22prescribed by the Department of his or her old and new
23residence addresses and the card number held by him or her. Any
24person whose legal name has changed from the name on the card

 

 

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1that he or she has been previously issued must apply for a
2corrected card within 30 calendar days after the change. The
3cost for a corrected card shall be $5 which shall be deposited
4into the State Police Firearm Services Fund Firearm Owner's
5Notification Fund.
6(Source: P.A. 97-1131, eff. 1-1-13.)
 
7    Section 140. The Criminal Code of 2012 is amended by
8changing Sections 21-6, 24-1, 24-1.6, and 24-2 as follows:
 
9    (720 ILCS 5/21-6)  (from Ch. 38, par. 21-6)
10    Sec. 21-6. Unauthorized Possession or Storage of Weapons.
11    (a) Whoever possesses or stores any weapon enumerated in
12Section 33A-1 in any building or on land supported in whole or
13in part with public funds or in any building on such land
14without prior written permission from the chief security
15officer for that such land or building commits a Class A
16misdemeanor.
17    (b) The chief security officer must grant any reasonable
18request for permission under paragraph (a).
19    (c) This Section shall not apply to a person acting
20lawfully under the Illinois Concealed Carry Act.
21    (d) Subsection (a) shall not apply to any tenant or
22resident of any public housing.
23(Source: P.A. 89-685, eff. 6-1-97.)
 

 

 

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1    (720 ILCS 5/24-1)  (from Ch. 38, par. 24-1)
2    Sec. 24-1. Unlawful Use of Weapons.
3    (a) A person commits the offense of unlawful use of weapons
4when he knowingly:
5        (1) Sells, manufactures, purchases, possesses or
6    carries any bludgeon, black-jack, slung-shot, sand-club,
7    sand-bag, metal knuckles or other knuckle weapon
8    regardless of its composition, throwing star, or any knife,
9    commonly referred to as a switchblade knife, which has a
10    blade that opens automatically by hand pressure applied to
11    a button, spring or other device in the handle of the
12    knife, or a ballistic knife, which is a device that propels
13    a knifelike blade as a projectile by means of a coil
14    spring, elastic material or compressed gas; or
15        (2) Carries or possesses with intent to use the same
16    unlawfully against another, a dagger, dirk, billy,
17    dangerous knife, razor, stiletto, broken bottle or other
18    piece of glass, stun gun or taser or any other dangerous or
19    deadly weapon or instrument of like character; or
20        (3) Carries on or about his person or in any vehicle, a
21    tear gas gun projector or bomb or any object containing
22    noxious liquid gas or substance, other than an object
23    containing a non-lethal noxious liquid gas or substance
24    designed solely for personal defense carried by a person 18
25    years of age or older; or
26        (4) Carries or possesses in any vehicle or concealed on

 

 

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1    or about his person except when on his land or in his own
2    abode, legal dwelling, or fixed place of business, or on
3    the land or in the legal dwelling of another person as an
4    invitee with that person's permission, any pistol,
5    revolver, stun gun or taser or other firearm, except that
6    this subsection (a) (4) does not apply to or affect
7    transportation of weapons that meet one of the following
8    conditions:
9            (i) are broken down in a non-functioning state; or
10            (ii) are not immediately accessible; or
11            (iii) are unloaded and enclosed in a case, firearm
12        carrying box, shipping box, or other container by a
13        person who is not otherwise prohibited from owning or
14        possessing a firearm under State or federal law has
15        been issued a currently valid Firearm Owner's
16        Identification Card; or
17        (5) Sets a spring gun; or
18        (6) Possesses any device or attachment of any kind
19    designed, used or intended for use in silencing the report
20    of any firearm; or
21        (7) Sells, manufactures, purchases, possesses or
22    carries:
23            (i) a machine gun, which shall be defined for the
24        purposes of this subsection as any weapon, which
25        shoots, is designed to shoot, or can be readily
26        restored to shoot, automatically more than one shot

 

 

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1        without manually reloading by a single function of the
2        trigger, including the frame or receiver of any such
3        weapon, or sells, manufactures, purchases, possesses,
4        or carries any combination of parts designed or
5        intended for use in converting any weapon into a
6        machine gun, or any combination or parts from which a
7        machine gun can be assembled if such parts are in the
8        possession or under the control of a person;
9            (ii) any rifle having one or more barrels less than
10        16 inches in length or a shotgun having one or more
11        barrels less than 18 inches in length or any weapon
12        made from a rifle or shotgun, whether by alteration,
13        modification, or otherwise, if such a weapon as
14        modified has an overall length of less than 26 inches;
15        or
16            (iii) any bomb, bomb-shell, grenade, bottle or
17        other container containing an explosive substance of
18        over one-quarter ounce for like purposes, such as, but
19        not limited to, black powder bombs and Molotov
20        cocktails or artillery projectiles; or
21        (8) Carries or possesses any firearm, stun gun or taser
22    or other deadly weapon in any place which is licensed to
23    sell intoxicating beverages for consumption on the
24    premises , or at any public gathering held pursuant to a
25    license issued by any governmental body or any public
26    gathering at which an admission is charged, excluding a

 

 

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1    place where a showing, demonstration or lecture involving
2    the exhibition of unloaded firearms is conducted.
3        This subsection (a)(8) does not apply to any auction or
4    raffle of a firearm held pursuant to a license or permit
5    issued by a governmental body, nor does it apply to persons
6    engaged in firearm safety training courses or acting in
7    accordance with the Illinois Concealed Carry Act; or
8        (9) Carries or possesses in a vehicle or on or about
9    his person any pistol, revolver, stun gun or taser or
10    firearm or ballistic knife, when he is hooded, robed or
11    masked in such manner as to conceal his identity; or
12        (10) Carries or possesses on or about his person, upon
13    any public street, alley, or other public lands within the
14    corporate limits of a city, village or incorporated town,
15    except when an invitee thereon or therein, for the purpose
16    of the display of such weapon or the lawful commerce in
17    weapons, or except when on his land or in his own abode,
18    legal dwelling, or fixed place of business, or on the land
19    or in the legal dwelling of another person as an invitee
20    with that person's permission, any pistol, revolver, stun
21    gun or taser or other firearm, except that this subsection
22    (a) (10) does not apply to or affect transportation of
23    weapons that meet one of the following conditions:
24            (i) are broken down in a non-functioning state; or
25            (ii) are not immediately accessible; or
26            (iii) are unloaded and enclosed in a case, firearm

 

 

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1        carrying box, shipping box, or other container by a
2        person who is not otherwise prohibited from owning or
3        possessing a firearm under State or federal law has
4        been issued a currently valid Firearm Owner's
5        Identification Card.
6        A "stun gun or taser", as used in this paragraph (a)
7    means (i) any device which is powered by electrical
8    charging units, such as, batteries, and which fires one or
9    several barbs attached to a length of wire and which, upon
10    hitting a human, can send out a current capable of
11    disrupting the person's nervous system in such a manner as
12    to render him incapable of normal functioning or (ii) any
13    device which is powered by electrical charging units, such
14    as batteries, and which, upon contact with a human or
15    clothing worn by a human, can send out current capable of
16    disrupting the person's nervous system in such a manner as
17    to render him incapable of normal functioning; or
18        (11) Sells, manufactures or purchases any explosive
19    bullet. For purposes of this paragraph (a) "explosive
20    bullet" means the projectile portion of an ammunition
21    cartridge which contains or carries an explosive charge
22    which will explode upon contact with the flesh of a human
23    or an animal. "Cartridge" means a tubular metal case having
24    a projectile affixed at the front thereof and a cap or
25    primer at the rear end thereof, with the propellant
26    contained in such tube between the projectile and the cap;

 

 

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1    or
2        (12) (Blank); or
3        (13) Carries or possesses on or about his or her person
4    while in a building occupied by a unit of government, a
5    billy club, other weapon of like character, or other
6    instrument of like character intended for use as a weapon.
7    For the purposes of this Section, "billy club" means a
8    short stick or club commonly carried by police officers
9    which is either telescopic or constructed of a solid piece
10    of wood or other man-made material.
11    (b) Sentence. A person convicted of a violation of
12subsection 24-1(a)(1) through (5), subsection 24-1(a)(10),
13subsection 24-1(a)(11), or subsection 24-1(a)(13) commits a
14Class A misdemeanor. A person convicted of a violation of
15subsection 24-1(a)(8) or 24-1(a)(9) commits a Class 4 felony; a
16person convicted of a violation of subsection 24-1(a)(6) or
1724-1(a)(7)(ii) or (iii) commits a Class 3 felony. A person
18convicted of a violation of subsection 24-1(a)(7)(i) commits a
19Class 2 felony and shall be sentenced to a term of imprisonment
20of not less than 3 years and not more than 7 years, unless the
21weapon is possessed in the passenger compartment of a motor
22vehicle as defined in Section 1-146 of the Illinois Vehicle
23Code, or on the person, while the weapon is loaded, in which
24case it shall be a Class X felony. A person convicted of a
25second or subsequent violation of subsection 24-1(a)(4),
2624-1(a)(8), 24-1(a)(9), or 24-1(a)(10) commits a Class 3

 

 

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1felony. The possession of each weapon in violation of this
2Section constitutes a single and separate violation.
3    (c) Violations in specific places.
4        (1) A person who violates subsection 24-1(a)(6) or
5    24-1(a)(7) in any school, regardless of the time of day or
6    the time of year, in residential property owned, operated
7    or managed by a public housing agency or leased by a public
8    housing agency as part of a scattered site or mixed-income
9    development, in a public park, in a courthouse, on the real
10    property comprising any school, regardless of the time of
11    day or the time of year, on residential property owned,
12    operated or managed by a public housing agency or leased by
13    a public housing agency as part of a scattered site or
14    mixed-income development, on the real property comprising
15    any public park, on the real property comprising any
16    courthouse, in any conveyance owned, leased or contracted
17    by a school to transport students to or from school or a
18    school related activity, in any conveyance owned, leased,
19    or contracted by a public transportation agency, or on any
20    public way within 1,000 feet of the real property
21    comprising any school, public park, courthouse, public
22    transportation facility, or residential property owned,
23    operated, or managed by a public housing agency or leased
24    by a public housing agency as part of a scattered site or
25    mixed-income development commits a Class 2 felony and shall
26    be sentenced to a term of imprisonment of not less than 3

 

 

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1    years and not more than 7 years.
2        (1.5) A person who violates subsection 24-1(a)(4),
3    24-1(a)(9), or 24-1(a)(10) in any school, regardless of the
4    time of day or the time of year, in residential property
5    owned, operated, or managed by a public housing agency or
6    leased by a public housing agency as part of a scattered
7    site or mixed-income development, in a public park, in a
8    courthouse, on the real property comprising any school,
9    regardless of the time of day or the time of year, on
10    residential property owned, operated, or managed by a
11    public housing agency or leased by a public housing agency
12    as part of a scattered site or mixed-income development, on
13    the real property comprising any public park, on the real
14    property comprising any courthouse, in any conveyance
15    owned, leased, or contracted by a school to transport
16    students to or from school or a school related activity, in
17    any conveyance owned, leased, or contracted by a public
18    transportation agency, or on any public way within 1,000
19    feet of the real property comprising any school, public
20    park, courthouse, public transportation facility, or
21    residential property owned, operated, or managed by a
22    public housing agency or leased by a public housing agency
23    as part of a scattered site or mixed-income development
24    commits a Class 3 felony.
25        (2) A person who violates subsection 24-1(a)(1),
26    24-1(a)(2), or 24-1(a)(3) in any school, regardless of the

 

 

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1    time of day or the time of year, in residential property
2    owned, operated or managed by a public housing agency or
3    leased by a public housing agency as part of a scattered
4    site or mixed-income development, in a public park, in a
5    courthouse, on the real property comprising any school,
6    regardless of the time of day or the time of year, on
7    residential property owned, operated or managed by a public
8    housing agency or leased by a public housing agency as part
9    of a scattered site or mixed-income development, on the
10    real property comprising any public park, on the real
11    property comprising any courthouse, in any conveyance
12    owned, leased or contracted by a school to transport
13    students to or from school or a school related activity, in
14    any conveyance owned, leased, or contracted by a public
15    transportation agency, or on any public way within 1,000
16    feet of the real property comprising any school, public
17    park, courthouse, public transportation facility, or
18    residential property owned, operated, or managed by a
19    public housing agency or leased by a public housing agency
20    as part of a scattered site or mixed-income development
21    commits a Class 4 felony. "Courthouse" means any building
22    that is used by the Circuit, Appellate, or Supreme Court of
23    this State for the conduct of official business.
24        (3) Paragraphs (1), (1.5), and (2) of this subsection
25    (c) shall not apply to law enforcement officers or security
26    officers of such school, college, or university or to

 

 

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1    students carrying or possessing firearms for use in
2    training courses, parades, hunting, target shooting on
3    school ranges, or otherwise with the consent of school
4    authorities and which firearms are transported unloaded
5    enclosed in a suitable case, box, or transportation
6    package.
7        (4) For the purposes of this subsection (c), "school"
8    means any public or private elementary or secondary school,
9    community college, college, or university.
10        (5) For the purposes of this subsection (c), "public
11    transportation agency" means a public or private agency
12    that provides for the transportation or conveyance of
13    persons by means available to the general public, except
14    for transportation by automobiles not used for conveyance
15    of the general public as passengers; and "public
16    transportation facility" means a terminal or other place
17    where one may obtain public transportation.
18    (d) The presence in an automobile other than a public
19omnibus of any weapon, instrument or substance referred to in
20subsection (a)(7) is prima facie evidence that it is in the
21possession of, and is being carried by, all persons occupying
22such automobile at the time such weapon, instrument or
23substance is found, except under the following circumstances:
24(i) if such weapon, instrument or instrumentality is found upon
25the person of one of the occupants therein; or (ii) if such
26weapon, instrument or substance is found in an automobile

 

 

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1operated for hire by a duly licensed driver in the due, lawful
2and proper pursuit of his trade, then such presumption shall
3not apply to the driver.
4    (e) Exemptions. Crossbows, Common or Compound bows and
5Underwater Spearguns are exempted from the definition of
6ballistic knife as defined in paragraph (1) of subsection (a)
7of this Section.
8(Source: P.A. 95-331, eff. 8-21-07; 95-809, eff. 1-1-09;
995-885, eff. 1-1-09; 96-41, eff. 1-1-10; 96-328, eff. 8-11-09;
1096-742, eff. 8-25-09; 96-1000, eff. 7-2-10.)
 
11    (720 ILCS 5/24-1.6)
12    Sec. 24-1.6. Aggravated unlawful use of a weapon.
13    (a) A person commits the offense of aggravated unlawful use
14of a weapon when he or she knowingly:
15        (1) Carries on or about his or her person or in any
16    vehicle or concealed on or about his or her person except
17    when on his or her land or in his or her abode, legal
18    dwelling, or fixed place of business, or on the land or in
19    the legal dwelling of another person as an invitee with
20    that person's permission, any pistol, revolver, stun gun or
21    taser or other firearm; or
22        (2) Carries or possesses on or about his or her person,
23    upon any public street, alley, or other public lands within
24    the corporate limits of a city, village or incorporated
25    town, except when an invitee thereon or therein, for the

 

 

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1    purpose of the display of such weapon or the lawful
2    commerce in weapons, or except when on his or her own land
3    or in his or her own abode, legal dwelling, or fixed place
4    of business, or on the land or in the legal dwelling of
5    another person as an invitee with that person's permission,
6    any pistol, revolver, stun gun or taser or other firearm;
7    and
8        (3) One of the following factors is present:
9            (A) the firearm possessed was uncased, loaded and
10        immediately accessible at the time of the offense; or
11            (B) the firearm possessed was uncased, unloaded
12        and the ammunition for the weapon was immediately
13        accessible at the time of the offense; or
14            (C) the person possessing the firearm has not been
15        issued a currently valid Firearm Owner's
16        Identification Card; or
17            (D) the person possessing the weapon was
18        previously adjudicated a delinquent minor under the
19        Juvenile Court Act of 1987 for an act that if committed
20        by an adult would be a felony; or
21            (E) the person possessing the weapon was engaged in
22        a misdemeanor violation of the Cannabis Control Act, in
23        a misdemeanor violation of the Illinois Controlled
24        Substances Act, or in a misdemeanor violation of the
25        Methamphetamine Control and Community Protection Act;
26        or

 

 

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1            (F) (blank); or
2            (G) the person possessing the weapon had a order of
3        protection issued against him or her within the
4        previous 2 years; or
5            (H) the person possessing the weapon was engaged in
6        the commission or attempted commission of a
7        misdemeanor involving the use or threat of violence
8        against the person or property of another; or
9            (I) the person possessing the weapon was under 21
10        years of age and in possession of a handgun as defined
11        in Section 24-3, unless the person under 21 is engaged
12        in lawful activities under the Wildlife Code or
13        described in subsection 24-2(b)(1), (b)(3), or
14        24-2(f).
15    (b) "Stun gun or taser" as used in this Section has the
16same definition given to it in Section 24-1 of this Code.
17    (c) This Section does not apply to or affect the
18transportation or possession of weapons that:
19            (i) are broken down in a non-functioning state; or
20            (ii) are not immediately accessible; or
21            (iii) are unloaded and enclosed in a case, firearm
22        carrying box, shipping box, or other container by a
23        person who is not prohibited from owning or possessing
24        a firearm under State or federal law by a person who
25        has been issued a currently valid Firearm Owner's
26        Identification Card.

 

 

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1    (d) Sentence.
2         (1) Aggravated unlawful use of a weapon is a Class 4
3    felony; a second or subsequent offense is a Class 2 felony
4    for which the person shall be sentenced to a term of
5    imprisonment of not less than 3 years and not more than 7
6    years.
7        (2) Except as otherwise provided in paragraphs (3) and
8    (4) of this subsection (d), a first offense of aggravated
9    unlawful use of a weapon committed with a firearm by a
10    person 18 years of age or older where the factors listed in
11    both items (A) and (C) of paragraph (3) of subsection (a)
12    are present is a Class 4 felony, for which the person shall
13    be sentenced to a term of imprisonment of not less than one
14    year and not more than 3 years.
15        (3) Aggravated unlawful use of a weapon by a person who
16    has been previously convicted of a felony in this State or
17    another jurisdiction is a Class 2 felony for which the
18    person shall be sentenced to a term of imprisonment of not
19    less than 3 years and not more than 7 years.
20        (4) Aggravated unlawful use of a weapon while wearing
21    or in possession of body armor as defined in Section 33F-1
22    by a person who has not been issued a valid Firearms
23    Owner's Identification Card in accordance with Section 5 of
24    the Firearm Owners Identification Card Act is a Class X
25    felony.
26    (e) The possession of each firearm in violation of this

 

 

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1Section constitutes a single and separate violation.
2(Source: P.A. 95-331, eff. 8-21-07; 96-742, eff. 8-25-09;
396-829, eff. 12-3-09; 96-1107, eff. 1-1-11.)
 
4    (720 ILCS 5/24-2)
5    Sec. 24-2. Exemptions.
6    (a) Subsections 24-1(a)(3), 24-1(a)(4), 24-1(a)(10), and
724-1(a)(13) and Section 24-1.6 do not apply to or affect any of
8the following:
9        (1) Peace officers, and any person summoned by a peace
10    officer to assist in making arrests or preserving the
11    peace, while actually engaged in assisting such officer.
12        (2) Wardens, superintendents and keepers of prisons,
13    penitentiaries, jails and other institutions for the
14    detention of persons accused or convicted of an offense,
15    while in the performance of their official duty, or while
16    commuting between their homes and places of employment.
17        (3) Members of the Armed Services or Reserve Forces of
18    the United States or the Illinois National Guard or the
19    Reserve Officers Training Corps, while in the performance
20    of their official duty.
21        (4) Special agents employed by a railroad or a public
22    utility to perform police functions, and guards of armored
23    car companies, while actually engaged in the performance of
24    the duties of their employment or commuting between their
25    homes and places of employment; and watchmen while actually

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1    their assigned duties, with the consent of the chief judge
2    of the circuit for which they are employed.
3        (13) Court Security Officers while in the performance
4    of their official duties, or while commuting between their
5    homes and places of employment, with the consent of the
6    Sheriff.
7        (13.5) A person employed as an armed security guard at
8    a nuclear energy, storage, weapons or development site or
9    facility regulated by the Nuclear Regulatory Commission
10    who has completed the background screening and training
11    mandated by the rules and regulations of the Nuclear
12    Regulatory Commission.
13        (14) Manufacture, transportation, or sale of weapons
14    to persons authorized under subdivisions (1) through
15    (13.5) of this subsection to possess those weapons.
16    (b) Subsections 24-1(a)(4) and 24-1(a)(10) and Section
1724-1.6 do not apply to or affect any of the following:
18        (1) Members of any club or organization organized for
19    the purpose of practicing shooting at targets upon
20    established target ranges, whether public or private, and
21    patrons of such ranges, while such members or patrons are
22    using their firearms on those target ranges.
23        (2) Duly authorized military or civil organizations
24    while parading, with the special permission of the
25    Governor.
26        (3) Hunters, trappers or fishermen with a license or

 

 

09800HB0997ham009- 64 -LRB098 04070 JWD 44847 a

1    permit while engaged in hunting, trapping or fishing.
2        (4) Transportation of weapons that are broken down in a
3    non-functioning state or are not immediately accessible.
4        (5) Carrying or possessing any pistol, revolver, stun
5    gun or taser or other firearm on the land or in the legal
6    dwelling of another person as an invitee with that person's
7    permission.
8        (6) A licensee under the Illinois Concealed Carry Act,
9    notwithstanding Section 70 of that Act, if the licensee
10    meets the requirements of that 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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1officer.
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 or a licensee
5under the Illinois Concealed Carry Act, notwithstanding
6Section 70 of that Act.
7    (f) Subsection 24-1(a)(4) and subsection 24-1(a)(10) and
8Section 24-1.6 do not apply to members of any club or
9organization organized for the purpose of practicing shooting
10at targets upon established target ranges, whether public or
11private, while using their firearms on those target ranges.
12    (g) Subsections 24-1(a)(11) and 24-3.1(a)(6) do not apply
13to:
14        (1) Members of the Armed Services or Reserve Forces of
15    the United States or the Illinois National Guard, while in
16    the performance of their official duty.
17        (2) Bonafide collectors of antique or surplus military
18    ordinance.
19        (3) Laboratories having a department of forensic
20    ballistics, or specializing in the development of
21    ammunition or explosive ordinance.
22        (4) Commerce, preparation, assembly or possession of
23    explosive bullets by manufacturers of ammunition licensed
24    by the federal government, in connection with the supply of
25    those organizations and persons exempted by subdivision
26    (g)(1) of this Section, or like organizations and persons

 

 

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1    outside this State, or the transportation of explosive
2    bullets to any organization or person exempted in this
3    Section by a common carrier or by a vehicle owned or leased
4    by an exempted manufacturer.
5    (g-5) Subsection 24-1(a)(6) does not apply to or affect
6persons licensed under federal law to manufacture any device or
7attachment of any kind designed, used, or intended for use in
8silencing the report of any firearm, firearms, or ammunition
9for those firearms equipped with those devices, and actually
10engaged in the business of manufacturing those devices,
11firearms, or ammunition, but only with respect to activities
12that are within the lawful scope of that business, such as the
13manufacture, transportation, or testing of those devices,
14firearms, or ammunition. This exemption does not authorize the
15general private possession of any device or attachment of any
16kind designed, used, or intended for use in silencing the
17report of any firearm, but only such possession and activities
18as are within the lawful scope of a licensed manufacturing
19business described in this subsection (g-5). During
20transportation, these devices shall be detached from any weapon
21or not immediately accessible.
22    (g-6) Subsections 24-1(a)(4) and 24-1(a)(10) and Section
2324-1.6 do not apply to or affect any parole agent or parole
24supervisor who meets the qualifications and conditions
25prescribed in Section 3-14-1.5 of the Unified Code of
26Corrections.

 

 

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1    (g-7) Subsection 24-1(a)(6) does not apply to a peace
2officer while serving as a member of a tactical response team
3or special operations team. A peace officer may not personally
4own or apply for ownership of a device or attachment of any
5kind designed, used, or intended for use in silencing the
6report of any firearm. These devices shall be owned and
7maintained by lawfully recognized units of government whose
8duties include the investigation of criminal acts.
9    (g-10) Subsections 24-1(a)(4), 24-1(a)(8), and
1024-1(a)(10), and Sections 24-1.6 and 24-3.1 do not apply to an
11athlete's possession, transport on official Olympic and
12Paralympic transit systems established for athletes, or use of
13competition firearms sanctioned by the International Olympic
14Committee, the International Paralympic Committee, the
15International Shooting Sport Federation, or USA Shooting in
16connection with such athlete's training for and participation
17in shooting competitions at the 2016 Olympic and Paralympic
18Games and sanctioned test events leading up to the 2016 Olympic
19and Paralympic Games.
20    (h) An information or indictment based upon a violation of
21any subsection of this Article need not negative any exemptions
22contained in this Article. The defendant shall have the burden
23of proving such an exemption.
24    (i) Nothing in this Article shall prohibit, apply to, or
25affect the transportation, carrying, or possession, of any
26pistol or revolver, stun gun, taser, or other firearm consigned

 

 

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1to a common carrier operating under license of the State of
2Illinois or the federal government, where such transportation,
3carrying, or possession is incident to the lawful
4transportation in which such common carrier is engaged; and
5nothing in this Article shall prohibit, apply to, or affect the
6transportation, carrying, or possession of any pistol,
7revolver, stun gun, taser, or other firearm, not the subject of
8and regulated by subsection 24-1(a)(7) or subsection 24-2(c) of
9this Article, which is unloaded and enclosed in a case, firearm
10carrying box, shipping box, or other container, by the
11possessor of a valid Firearm Owners Identification Card.
12(Source: P.A. 96-7, eff. 4-3-09; 96-230, eff. 1-1-10; 96-742,
13eff. 8-25-09; 96-1000, eff. 7-2-10; 97-465, eff. 8-22-11;
1497-676, eff. 6-1-12; 97-936, eff. 1-1-13; 97-1010, eff. 1-1-13;
15revised 8-23-12.)".