Illinois General Assembly - Full Text of HB1155
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Full Text of HB1155  98th General Assembly

HB1155ham024 98TH GENERAL ASSEMBLY

Rep. Brandon W. Phelps

Filed: 2/25/2013

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 1155

2    AMENDMENT NO. ______. Amend House Bill 1155, AS AMENDED, by
3inserting the following in its proper numeric sequence:
 
4    "Section 10. Handgun carry licensing.
5    (a) For the purposes of this Act:
6     "Firearm" means any device, by whatever name known, which
7is designed to expel a projectile or projectiles by the action
8of an explosion, expansion of gas or escape of gas; excluding,
9however:
10        (1) any pneumatic gun, spring gun, paint ball gun, or
11    B-B gun which expels a single globular projectile not
12    exceeding .18 inch in diameter or which has a maximum
13    muzzle velocity of less than 700 feet per second;
14        (2) any pneumatic gun, spring gun, paint ball gun, or
15    B-B gun which expels breakable paint balls containing
16    washable marking colors;
17        (3) any device used exclusively for signalling or

 

 

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1    safety and required or recommended by the United States
2    Coast Guard or the Interstate Commerce Commission;
3        (4) any device used exclusively for the firing of stud
4    cartridges, explosive rivets or similar industrial
5    ammunition; and
6        (5) an antique firearm (other than a machine-gun)
7    which, although designed as a weapon, the Department of
8    State Police finds by reason of the date of its
9    manufacture, value, design, and other characteristics is
10    primarily a collector's item and is not likely to be used
11    as a weapon.
12    "Handgun" means a firearm designed to be held and fired by
13the use of a single hand, and includes a combination of parts
14from which that type of firearm can be assembled.
15    (b) Except as provided in subsection (c) of this Section,
16the Department of State Police shall issue or renew a handgun
17carry license to a resident of this State or non-resident who:
18        (1) is at least 21 years of age;
19        (2) has a valid Firearm Owner's Identification Card or,
20    if applying for a non-resident license, has a notarized
21    document stating that the applicant is eligible under
22    federal law and the laws of his or her home state to
23    possess a firearm;
24        (3) is not prohibited under the Firearm Owners
25    Identification Card Act or federal law from possessing or
26    receiving a firearm;

 

 

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1        (4) is not the subject of a pending arrest warrant,
2    prosecution, or proceeding for an offense or action that
3    will lead to disqualification under subparagraph (3) of
4    this subsection (b);
5        (5) does not chronically or habitually abuse alcoholic
6    beverages, which means that within the 5 years immediately
7    preceding the application the applicant:
8            (A) has been in residential or court-ordered
9        treatment for alcoholism or alcohol detoxification; or
10            (B) has one or more convictions or supervision
11        dispositions for driving while under the influence or
12        driving while intoxicated as defined in Section 11-501
13        of the Illinois Vehicle Code or similar law; and
14        (6) has completed firearms safety training and any
15    educational component required in this Act;
16        (7) has submitted a complete application and any other
17    documentation required by this Act; and
18        (8) has submitted the required fees.
19    (c) The Department of State Police shall provide the
20sheriff of the county where the applicant resides with a copy
21of the applicant's handgun carry application within 3 days of
22receipt of the application. The sheriff may, within 14 days of
23receiving the application file an objection to the issuance of
24a handgun carry license to the applicant. The sheriff's
25objection must be in writing and state specific reasons for
26denial of the application. The Department of State Police may

 

 

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1consider an objection to an application by the sheriff, if the
2objection and any reports submitted to the Department by the
3sheriff are disclosed to the applicant unless disclosure would
4interfere with a criminal investigation, or as determined by
5the Department, disclosure may threaten the safety or welfare
6of the sheriff. If the Department of State Police determines,
7based on the sheriff's objections, to deny the application, the
8Department shall notify the applicant and the sheriff in
9writing, stating the grounds for denial. The notice of denial
10must inform the applicant that he or she may, within 30 days,
11appeal the denial and submit additional materials and
12documentation relevant to the grounds for denial to the
13Department. Upon receiving the additional materials and
14documentation, the Department of State Police shall reconsider
15its decision and inform the applicant within 30 days of the
16result of the reconsideration. If upon reconsideration the
17Department denies the application, the applicant must be
18informed of the his or her right to administrative review of
19the denial.
20    (d) A handgun carry licensee shall possess and carry the
21license at all times the licensee carries a handgun, in the
22manner provided in this Act, except when he or she:
23        (1) is on his or her land or in his or her abode or
24    legal dwelling or in the abode or legal dwelling of another
25    person as an invitee with that person's permission;
26        (2) is otherwise authorized to carry a handgun or

 

 

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1    firearm under Section 24-2 of the Criminal Code of 2012; or
2        (3) the handgun is broken down in a non-functioning
3    state, is not immediately accessible, or is enclosed in a
4    case, firearm carrying box, shipping box, or any other
5    container.
6    (e) Upon being stopped or detained by a peace officer, the
7licensee shall inform the officer that he or she is carrying a
8handgun under the provisions of this Act and provide the
9license to the officer. If requested by the officer, the
10licensee shall in a safe manner turn the handgun over to the
11officer for the remainder of the stop or detention.
12    (f) A handgun carry license does not authorize the carrying
13of any other non-handgun firearm.
14    (g) Handgun carry license exemption.
15        (1) This Section does not apply to or affect any of the
16    following:
17            (A) Peace officers, and any person summoned by a
18        peace officer to assist in making arrests or preserving
19        the peace, while actually engaged in assisting the
20        officer.
21            (B) Wardens, superintendents and keepers of
22        prisons, penitentiaries, jails, and other institutions
23        for the detention of persons accused or convicted of an
24        offense, while in the performance of their official
25        duty, or while commuting between their homes and places
26        of employment.

 

 

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1            (C) Members of the Armed Services or Reserve Forces
2        of the United States or the Illinois National Guard or
3        the Reserve Officers Training Corps, while in the
4        performance of their official duty.
5            (D) Special agents employed by a railroad or a
6        public utility to perform police functions, and guards
7        of armored car companies, while actually engaged in the
8        performance of the duties of their employment or
9        commuting between their homes and places of
10        employment; and watchmen while actually engaged in the
11        performance of the duties of their employment.
12            (E) Persons licensed as private security
13        contractors, private detectives, or private alarm
14        contractors, or employed by an agency certified by the
15        Department of Financial and Professional Regulation,
16        if their duties include the carrying of a weapon under
17        the provisions of the Private Detective, Private
18        Alarm, Private Security, Fingerprint Vendor, and
19        Locksmith Act of 2004, while actually engaged in the
20        performance of the duties of their employment or
21        commuting between their homes and places of
22        employment, provided that the commuting is
23        accomplished within one hour from departure from home
24        or place of employment, as the case may be. A person
25        shall be considered eligible for this exemption if he
26        or she has completed the required 20 hours of training

 

 

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1        for a private security contractor, private detective,
2        or private alarm contractor, or employee of a licensed
3        agency and 20 hours of required firearm training, and
4        has been issued a firearm control card by the
5        Department of Financial and Professional Regulation.
6        Conditions for the renewal of firearm control cards
7        issued under the provisions of this Section shall be
8        the same as for those cards issued under the provisions
9        of the Private Detective, Private Alarm, Private
10        Security, Fingerprint Vendor, and Locksmith Act of
11        2004. The firearm control card shall be carried by the
12        private security contractor, private detective, or
13        private alarm contractor, or employee of the licensed
14        agency at all times when he or she is in possession of
15        a concealable weapon.
16            (F) Any person regularly employed in a commercial
17        or industrial operation as a security guard for the
18        protection of persons employed and private property
19        related to that commercial or industrial operation,
20        while actually engaged in the performance of his or her
21        duty or traveling between sites or properties
22        belonging to the employer, and who, as a security
23        guard, is a member of a security force of at least 5
24        persons registered with the Department of Financial
25        and Professional Regulation; provided this security
26        guard has successfully completed a course of study,

 

 

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1        approved by and supervised by the Department of
2        Financial and Professional Regulation, consisting of
3        not less than 40 hours of training that includes the
4        theory of law enforcement, liability for acts, and the
5        handling of weapons. A person shall be considered
6        eligible for this exemption if he or she has completed
7        the required 20 hours of training for a security
8        officer and 20 hours of required firearm training, and
9        has been issued a firearm control card by the
10        Department of Financial and Professional Regulation.
11        Conditions for the renewal of firearm control cards
12        issued under the provisions of this Section shall be
13        the same as for those cards issued under the provisions
14        of the Private Detective, Private Alarm, Private
15        Security, Fingerprint Vendor, and Locksmith Act of
16        2004. The firearm control card shall be carried by the
17        security guard at all times when he or she is in
18        possession of a concealable weapon.
19            (G) Agents and investigators of the Illinois
20        Legislative Investigating Commission authorized by the
21        Commission to carry the weapons specified in
22        subsections 24-1(a)(3) and 24-1(a)(4) of the Criminal
23        Code of 2012, while on duty in the course of any
24        investigation for the Commission.
25            (H) Persons employed by a financial institution
26        for the protection of other employees and property

 

 

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1        related to that financial institution, while actually
2        engaged in the performance of their duties, commuting
3        between their homes and places of employment, or
4        traveling between sites or properties owned or
5        operated by the financial institution, provided the
6        person so employed has successfully completed a course
7        of study, approved by and supervised by the Department
8        of Financial and Professional Regulation, consisting
9        of not less than 40 hours of training which includes
10        theory of law enforcement, liability for acts, and the
11        handling of weapons. A person shall be considered to be
12        eligible for this exemption if he or she has completed
13        the required 20 hours of training for a security
14        officer and 20 hours of required firearm training, and
15        has been issued a firearm control card by the
16        Department of Financial and Professional Regulation.
17        Conditions for renewal of firearm control cards issued
18        under the provisions of this subparagraph shall be the
19        same as for those issued under the provisions of the
20        Private Detective, Private Alarm, Private Security,
21        Fingerprint Vendor, and Locksmith Act of 2004. This
22        firearm control card shall be carried by the person so
23        trained at all times when the person is in possession
24        of a concealable weapon. For purposes of this
25        subparagraph, "financial institution" means a bank,
26        savings and loan association, credit union or company

 

 

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1        providing armored car services.
2            (I) Any person employed by an armored car company
3        to drive an armored car, while actually engaged in the
4        performance of his or her duties.
5            (J) Persons who have been classified as peace
6        officers under the Peace Officer Fire Investigation
7        Act.
8            (K) Investigators of the Office of the State's
9        Attorneys Appellate Prosecutor authorized by the board
10        of governors of the Office of the State's Attorneys
11        Appellate Prosecutor to carry weapons under Section
12        7.06 of the State's Attorneys Appellate Prosecutor's
13        Act.
14            (L) Special investigators appointed by a State's
15        Attorney under Section 3-9005 of the Counties Code.
16             (M) Probation officers while in the performance of
17        their duties, or while commuting between their homes,
18        places of employment or specific locations that are
19        part of their assigned duties, with the consent of the
20        chief judge of the circuit for which they are employed.
21            (N) Court Security Officers while in the
22        performance of their official duties, or while
23        commuting between their homes and places of
24        employment, with the consent of the Sheriff.
25            (O) A person employed as an armed security guard at
26        a nuclear energy, storage, weapons, or development

 

 

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1        site or facility regulated by the Nuclear Regulatory
2        Commission who has completed the background screening
3        and training mandated by the rules and regulations of
4        the Nuclear Regulatory Commission.
5            (P) Manufacture, transportation, or sale of
6        weapons to persons authorized under subparagraphs (A)
7        through (O) of this subsection to possess those
8        weapons.
9            (Q) Members of any club or organization organized
10        for the purpose of practicing shooting at targets upon
11        established target ranges, whether public or private,
12        and patrons of these ranges, while the members or
13        patrons are using their firearms on those target
14        ranges.
15            (R) Duly authorized military or civil
16        organizations while parading, with the special
17        permission of the Governor.
18            (S) Hunters, trappers or fishermen with a license
19        or permit while engaged in hunting, trapping or
20        fishing.
21            (T) Transportation of weapons that are broken down
22        in a non-functioning state or are not immediately
23        accessible.
24            (U) Carrying or possessing any pistol, revolver,
25        or other firearm on the land or in the legal dwelling
26        of another person as an invitee with that person's

 

 

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1        permission.
2            (V) Any parole agent or parole supervisor who meets
3        the qualifications and conditions prescribed in
4        Section 3-14-1.5 of the Unified Code of Corrections.
5            (W) An athlete's possession, transport on official
6        Olympic and Paralympic transit systems established for
7        athletes, or use of competition firearms sanctioned by
8        the International Olympic Committee, the International
9        Paralympic Committee, the International Shooting Sport
10        Federation, or USA Shooting in connection with this
11        athlete's training for and participation in shooting
12        competitions at the 2016 Olympic and Paralympic Games
13        and sanctioned test events leading up to the 2016
14        Olympic and Paralympic Games.
15        (2) An information or indictment based upon any
16    violation of this Act need not negative any exemptions
17    contained in this subsection. The defendant shall have the
18    burden of proving that exemption.
19        (3) Nothing in this Section shall prohibit, apply to,
20    or affect the transportation, carrying, or possession, of
21    any pistol or revolver, or other firearm consigned to a
22    common carrier operating under license of this State or the
23    federal government, where the transportation, carrying, or
24    possession is incident to the lawful transportation in
25    which the common carrier is engaged; and nothing in this
26    Act shall prohibit, apply to, or affect the transportation,

 

 

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1    carrying, or possession of any pistol, revolver, or other
2    firearm, not the subject of and regulated by subsection
3    24-1(a)(7) or subsection 24-2(c) of the Criminal Code of
4    2012, which is unloaded and enclosed in a case, firearm
5    carrying box, shipping box, or other container, by the
6    possessor of a valid Firearm Owner's Identification Card.
7    (h) The Department of State Police shall adopt rules
8necessary to implement the provisions of this Section.".