Illinois General Assembly - Full Text of Public Act 100-0712
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Public Act 100-0712


 

Public Act 0712 100TH GENERAL ASSEMBLY

  
  
  

 


 
Public Act 100-0712
 
SB2642 EnrolledLRB100 18424 XWW 33638 b

    AN ACT concerning regulation.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Private Detective, Private Alarm, Private
Security, Fingerprint Vendor, and Locksmith Act of 2004 is
amended by changing Section 35-35 as follows:
 
    (225 ILCS 447/35-35)
    (Section scheduled to be repealed on January 1, 2024)
    Sec. 35-35. Requirement of a firearm control card.
    (a) No person shall perform duties that include the use,
carrying, or possession of a firearm in the performance of
those duties without complying with the provisions of this
Section and having been issued a valid firearm control card by
the Department.
    (b) No employer shall employ any person to perform the
duties for which licensure or employee registration is required
and allow that person to carry a firearm unless that person has
complied with all the firearm training requirements of this
Section and has been issued a firearm control card. This Act
permits only the following to carry firearms while actually
engaged in the performance of their duties or while commuting
directly to or from their places of employment: persons
licensed as private detectives and their registered employees;
persons licensed as private security contractors and their
registered employees; persons licensed as private alarm
contractors and their registered employees; and employees of a
registered armed proprietary security force.
    (c) Possession of a valid firearm control card allows a
licensee or employee to carry a firearm not otherwise
prohibited by law while the licensee or employee is engaged in
the performance of his or her duties or while the licensee or
employee is commuting directly to or from the licensee's or
employee's place or places of employment.
    (d) The Department shall issue a firearm control card to a
person who has passed an approved firearm training course, who
is currently licensed or employed by an agency licensed by this
Act and has met all the requirements of this Act, and who
possesses a valid firearm owner identification card.
Application for the firearm control card shall be made by the
employer to the Department on forms provided by the Department.
The Department shall forward the card to the employer who shall
be responsible for its issuance to the licensee or employee.
The firearm control card shall be issued by the Department and
shall identify the person holding it and the name of the course
where the licensee or employee received firearm instruction and
shall specify the type of weapon or weapons the person is
authorized by the Department to carry and for which the person
has been trained.
    (e) Expiration and requirements for renewal of firearm
control cards shall be determined by rule.
    (f) The Department may, in addition to any other
disciplinary action permitted by this Act, refuse to issue,
suspend, or revoke a firearm control card if the applicant or
holder has been convicted of any felony or crime involving the
illegal use, carrying, or possession of a deadly weapon or for
a violation of this Act or rules promulgated under this Act.
The Department shall refuse to issue or shall revoke a firearm
control card if the applicant or holder fails to possess a
valid firearm owners identification card without hearing. The
Secretary shall summarily suspend a firearm control card if the
Secretary finds that its continued use would constitute an
imminent danger to the public. A hearing shall be held before
the Board within 30 days if the Secretary summarily suspends a
firearm control card.
    (g) Notwithstanding any other provision of this Act to the
contrary, all requirements relating to firearms control cards
do not apply to a peace officer. If an individual ceases to be
employed as a peace officer and continues to perform services
in an armed capacity under this Act that are licensed
activities, then the individual is required to obtain a
permanent employee registration card pursuant to Section 35-30
of this Act and must possess a valid Firearm Owner's
Identification Card, but is not required to obtain a firearm
control card if the individual is otherwise in continuing
compliance with the federal Law Enforcement Officers Safety Act
of 2004. If an individual elects to carry a firearm pursuant to
the federal Law Enforcement Officers Safety Act of 2004, then
the agency employing the officer is required to submit a notice
of that election to the Department along with a fee specified
by rule.
    (h) The Department may issue a temporary firearm control
card pending issuance of a new firearm control card upon an
agency's acquiring of an established armed account. An agency
that has acquired armed employees as a result of acquiring an
established armed account may, on forms supplied by the
Department, request the issuance of a temporary firearm control
card for each acquired employee who held a valid firearm
control card under his or her employment with the newly
acquired established armed account immediately preceding the
acquiring of the account and who continues to meet all of the
qualifications for issuance of a firearm control card set forth
in this Act and any rules adopted under this Act. The
Department shall, by rule, set the fee for issuance of a
temporary firearm control card.
    (i) The Department shall not issue a firearm control card
to a licensed fingerprint vendor or a licensed locksmith or
employees of a licensed fingerprint vendor agency or a licensed
locksmith agency.
(Source: P.A. 98-253, eff. 8-9-13.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 8/3/2018