Full Text of HB1155 98th General Assembly
HB1155ham004 98TH GENERAL ASSEMBLY | Rep. Barbara Flynn Currie Filed: 2/25/2013
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| 1 | | AMENDMENT TO HOUSE BILL 1155
| 2 | | AMENDMENT NO. ______. Amend House Bill 1155, AS AMENDED, by | 3 | | inserting the following in its proper numeric sequence:
| 4 | | "Section 100. Firearm carry prohibition; State and local | 5 | | government.
| 6 | | (a) No person may knowingly carry a firearm into any | 7 | | building under the control of the State, General Assembly, | 8 | | General Assembly support service agency, including a building | 9 | | in which a committee of the General Assembly convenes for the | 10 | | purpose of conducting meetings of committees, joint | 11 | | committees, legislative commissions, and any property or | 12 | | parking lot area under control of the General Assembly that is | 13 | | adjacent to or near a prohibited building in this Section. | 14 | | (b) No person may knowingly carry a firearm into any | 15 | | building owned or occupied by a governing body of a unit of | 16 | | local government, or any property or parking lot area adjacent | 17 | | to or near a local government building. For the purposes of |
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| 1 | | this Section, "unit of local government" means a county, | 2 | | municipality, township, special district, and unit, designated | 3 | | as a unit of local government by law, which exercises limited | 4 | | governmental powers or powers in respect to limited | 5 | | governmental subjects, but does not include a school district. | 6 | | (c) No person may knowingly carry a firearm into any | 7 | | building under control of the Governor, Lieutenant Governor, | 8 | | Attorney General, Secretary of State, Comptroller, or | 9 | | Treasurer, and any property or parking lot area adjacent to or | 10 | | near a prohibited building in this Section. | 11 | | (d) No person may knowingly carry a firearm into any | 12 | | police, sheriff, State Police, or firefighting office or | 13 | | station, or onto any adjacent property or parking lot areas | 14 | | under the control of a police, sheriff, State Police, or | 15 | | firefighting office or station, without the consent of the | 16 | | chief law enforcement officer or chief firefighting officer in | 17 | | charge of that office or station, unless employed by the | 18 | | police, sheriff, State Police, or firefighting office or | 19 | | station and authorized by the chief law enforcement officer or | 20 | | chief firefighting officer to carry a firearm. | 21 | | (e) No person may knowingly carry a firearm into any adult | 22 | | or juvenile detention or correctional institution, prison, or | 23 | | jail, or onto any adjacent property or parking lot area under | 24 | | the control of an adult or juvenile detention or correctional | 25 | | institution, prison, or jail, unless employed there and | 26 | | otherwise authorized to carry a firearm. |
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| 1 | | (f) No person may knowingly carry a firearm into any | 2 | | courthouse or part of a building that is occupied by the | 3 | | Circuit, Appellate, or Supreme Court, any room designated for | 4 | | court proceedings by any of these courts, and any property or | 5 | | parking lot area adjacent to or near courthouses and court | 6 | | buildings. | 7 | | (g) The exemptions and provisions in subsections (a), (b), | 8 | | (f), (g-6), (g-10), (h), and (i) of Section 24-2 of the | 9 | | Criminal Code of 2012 apply to this Section.
| 10 | | (h) The United States Supreme Court in District of Columbia | 11 | | v. Heller, 554 U.S. 570, 128 S.Ct. 2783 (2008) has recognized | 12 | | that the Second Amendment to the United States Constitution | 13 | | does not confer an unlimited right and that states may prohibit | 14 | | the carrying of firearms in sensitive places. The Supreme Court | 15 | | stated in the Heller decision: "Although we do not undertake an | 16 | | exhaustive historical analysis today of the full scope of the | 17 | | Second Amendment, nothing in our opinion should be taken to | 18 | | cast doubt on longstanding prohibitions on the possession of | 19 | | firearms by felons and the mentally ill, or laws forbidding the | 20 | | carrying of firearms in sensitive places such as schools and | 21 | | government buildings . . ." The Supreme Court also noted in a | 22 | | footnote referencing this statement in the Heller decision | 23 | | that: "We identify these presumptively lawful regulatory | 24 | | measures only as examples; our list does not purport to be | 25 | | exhaustive."
This recognition was reiterated by the U. S. | 26 | | Supreme Court in McDonald v. the City of Chicago, 561 U.S. |
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| 1 | | 3025, 130 S.Ct. 3020 (2010), which incorporated the Second | 2 | | Amendment against state action. The Supreme Court again stated: | 3 | | "We made it clear in Heller that our holding did not cast doubt | 4 | | on such longstanding regulatory measures as "prohibitions on | 5 | | the possession of firearms by felons and the mentally ill," | 6 | | "laws forbidding the carrying of firearms in sensitive places | 7 | | such as schools and government buildings . . . We repeat those | 8 | | assurances here." Further, the federal 7th Circuit Court of | 9 | | Appeals in Moore v. Madigan, 702 F.3d. 933 (7th Cir., 2012) | 10 | | cited the "sensitive place" statement of the Supreme Court in | 11 | | both the Heller and McDonald decisions and concluded: "That a | 12 | | legislature can forbid the carrying of firearms in schools and | 13 | | government buildings means that any right to possess a gun for | 14 | | self-defense outside the home is not absolute, and it is not | 15 | | absolute by the Supreme Court's own terms." Therefore, the | 16 | | General Assembly finds that the places or locations set forth | 17 | | in this Section are sensitive places and the prohibition on the | 18 | | carrying of firearms will promote public safety in these | 19 | | sensitive places.".
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