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 | 3 | | inserting 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 | 7 | | is designed to expel a projectile or projectiles
by the action | 8 | | of an explosion, expansion of gas or escape of gas; excluding,
| 9 | | however:
| 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 | 13 | | the use of a single hand, and includes a combination of parts | 14 | | from
which that type of firearm can be assembled.
| 15 | | (b) Except as provided in subsection (c) of this Section, | 16 | | the Department of State Police shall issue or renew a handgun | 17 | | carry 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 | 20 | | sheriff of the county where the applicant resides with a copy | 21 | | of the applicant's handgun carry application within 3 days of | 22 | | receipt of the application. The sheriff may, within 14 days of | 23 | | receiving the application file an objection to the issuance of | 24 | | a handgun carry license to the applicant. The sheriff's | 25 | | objection must be in writing and state specific reasons
for | 26 | | denial of the application. The Department of State Police may |
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| 1 | | consider an objection to an application by the sheriff, if the | 2 | | objection and any reports submitted to the Department
by the | 3 | | sheriff are disclosed to the applicant unless
disclosure would | 4 | | interfere with a criminal investigation, or as determined by | 5 | | the Department, disclosure may threaten the safety or welfare | 6 | | of the sheriff. If the Department of State Police determines, | 7 | | based on the sheriff's objections, to deny the application, the | 8 | | Department shall
notify the applicant and the sheriff in | 9 | | writing, stating the grounds for denial. The notice of denial | 10 | | must inform the applicant that he or she may, within 30 days, | 11 | | appeal the denial and submit additional materials and | 12 | | documentation relevant to the grounds for denial to the | 13 | | Department. Upon receiving the additional materials and | 14 | | documentation, the
Department of State Police shall reconsider | 15 | | its decision and inform the
applicant within 30 days of the | 16 | | result of the reconsideration.
If upon reconsideration the | 17 | | Department denies the application,
the applicant must be | 18 | | informed of the his or her right to administrative
review of | 19 | | the denial. | 20 | | (d) A handgun carry licensee shall possess and carry the | 21 | | license at all times the licensee carries a handgun, in the | 22 | | manner 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 | 7 | | licensee shall inform the officer that he or she is carrying a | 8 | | handgun under the provisions of this Act and provide the | 9 | | license to the officer. If requested by the officer, the | 10 | | licensee shall in a safe manner turn the handgun over to the | 11 | | officer for the remainder of the stop or detention. | 12 | | (f) A handgun carry license does not authorize the carrying | 13 | | of 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.
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(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 | 8 | | necessary to implement the provisions of this Section.".
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