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HB3987 |
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LRB093 15267 RLC 40867 b |
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| "Permittee" means a person who is issued a permit to carry |
2 |
| a concealed
firearm by the
Department of State Police.
|
3 |
| Section 15. Retired Officers Security Fund.
|
4 |
| (a) There is created the Retired Officers Security Trust |
5 |
| Fund. The Fund shall
be maintained apart
from the State |
6 |
| treasury and shall be administered by the Department. Moneys
|
7 |
| from federal and State sources may be deposited into the Fund. |
8 |
| Fees from
applications for new,
renewal, corrected, and |
9 |
| duplicate concealed firearms permits shall be deposited
into
|
10 |
| the Fund. The Department may invest the moneys in the Fund, and |
11 |
| any income on
these
investments shall be reinvested in the |
12 |
| Fund.
|
13 |
| (b) The Department shall use the moneys in the Fund |
14 |
| exclusively for the
administration of this
Act.
|
15 |
| Section 20. Permit for concealed firearms.
The Department |
16 |
| of State Police is authorized to issue permits to carry
|
17 |
| concealed firearms to
persons qualified as provided in this |
18 |
| Act. Permits to carry a concealed firearm
shall be valid
|
19 |
| throughout the State for a period of 4 years from the date of
|
20 |
| issuance. Any person in compliance with the terms of the permit |
21 |
| may carry
concealed firearms
on or about his or her person. The |
22 |
| permittee shall carry the permit at all
times the permittee is
|
23 |
| carrying a concealed firearm and shall display the permit upon |
24 |
| the request of a
law enforcement
officer. The permit is valid |
25 |
| throughout the State.
|
26 |
| Section 25. Application for permit and qualifications of |
27 |
| applicants.
|
28 |
| (a) An applicant for a permit shall obtain the application |
29 |
| from the
Department of State Police. The
completed application |
30 |
| and all accompanying material plus an application fee of
$100 |
31 |
| for a new
permit or $75 for a renewal shall be submitted to the |
32 |
| Department of State
Police.
|
33 |
| (b) The Department of State Police, upon a person's |
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|
HB3987 |
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LRB093 15267 RLC 40867 b |
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|
1 |
| application for a
concealed firearms permit,
upon receipt of |
2 |
| the appropriate fees, and after compliance with the procedures
|
3 |
| set out in this
Section, shall issue the applicant a concealed |
4 |
| firearms permit if the person:
|
5 |
| (1) resides within the State of Illinois and has been a |
6 |
| resident for the
last
6 months and is a
permanent resident |
7 |
| of the United States;
|
8 |
| (2) has not been convicted of a crime punishable by |
9 |
| imprisonment for a term
exceeding one
year, or of a |
10 |
| misdemeanor evidencing violence, is not free on any form of |
11 |
| bond
or pretrial release,
and has no outstanding warrants |
12 |
| for those crimes;
|
13 |
| (3) has no record of mental disease or mental illness |
14 |
| on file with the
Department of State Police or the |
15 |
| Department of Human Services
that would evidence |
16 |
| incapacity, or lack of proper mental capacity;
|
17 |
| (4) has not been committed to a state or federal |
18 |
| facility for the abuse of
a controlled substance
or |
19 |
| cannabis or has not been convicted of a misdemeanor |
20 |
| violation of the
Illinois Controlled
Substances Act or the |
21 |
| Cannabis Control Act or similar laws of any other state
|
22 |
| relating to
controlled substances or cannabis within a |
23 |
| 10-year period immediately preceding
the date on
which the |
24 |
| application is submitted; and
|
25 |
| (5) shows proof that he or she either:
|
26 |
| (A) is a graduate of a police training institute or |
27 |
| academy, who after
graduating served for at least
10 |
28 |
| years as a sworn, full-time peace officer qualified to |
29 |
| carry firearms for
any federal or State
department or |
30 |
| agency or for any unit of local government of Illinois |
31 |
| and has
retired as a local,
State, or federal peace |
32 |
| officer in a publicly created peace officer retirement
|
33 |
| system; whose
service in law enforcement was honorably |
34 |
| terminated through retirement or
disability and not as |
35 |
| a
result of discipline, suspension, discharge, or |
36 |
| decertification by the Illinois
Law Enforcement |
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HB3987 |
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LRB093 15267 RLC 40867 b |
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| Training Standards Board; or
|
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| (B) served for at least 10 years as a member of the |
3 |
| United States Armed
Forces whose service
was honorably |
4 |
| terminated and not as a result of discipline, |
5 |
| suspension, or
discharge.
|
6 |
| Section 30. Contents of application. The initial |
7 |
| application shall be in
writing, under oath and
under the |
8 |
| penalties of perjury, on a standard form promulgated by the
|
9 |
| Department of State Police,
and shall be accompanied by the |
10 |
| appropriate fees and required documentation.
The application
|
11 |
| shall contain only the following information:
|
12 |
| (1) the applicant's name, address, gender, and date and |
13 |
| place of birth;
|
14 |
| (2) a head and shoulder color photograph taken within |
15 |
| 30 days preceding
the
date on which the
application is |
16 |
| submitted;
|
17 |
| (3) questions to certify or demonstrate the applicant |
18 |
| has completed a
firearms and deadly use of
force training |
19 |
| and education prerequisites specified under this Act;
|
20 |
| (4) a statement that the applicant is a resident of the |
21 |
| State of
Illinois and
has been a resident for
the last 6 |
22 |
| months and is a permanent resident of the United States;
|
23 |
| (5) a waiver of privacy and confidentiality rights and |
24 |
| privileges
enjoyed by
the applicant under all
federal and |
25 |
| State laws governing access to juvenile court, criminal |
26 |
| justice,
psychological or
psychiatric records, or records |
27 |
| relating to the applicant's history of
|
28 |
| institutionalization, and an
affirmative request that any |
29 |
| person having custody of any such record provide
it or |
30 |
| information
concerning it to the Department;
|
31 |
| (6) a conspicuous warning that false statements made by |
32 |
| the applicant
will
result in prosecution
for perjury in |
33 |
| accordance with Section 32-2 of the Criminal Code of 1961;
|
34 |
| (7) that the applicant possesses a currently valid |
35 |
| Illinois Firearm
Owner's
Identification Card,
together |
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HB3987 |
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LRB093 15267 RLC 40867 b |
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| with the card number, or is applying for the card in |
2 |
| conjunction with
the concealed
firearms permit |
3 |
| application;
|
4 |
| (8) an affirmation that the applicant has never been |
5 |
| convicted of any
felony;
|
6 |
| (9) the applicant's signature, under oath, attesting |
7 |
| to the following
statement: "I, the
undersigned, state,
|
8 |
| under oath and subject to the penalty of perjury, that I am |
9 |
| not a streetgang
member as defined in
Section 10 of the |
10 |
| Illinois Streetgang Terrorism Omnibus Prevention Act and |
11 |
| that
I
will not join or
become associated with a criminal |
12 |
| streetgang."; and
|
13 |
| (10) appropriate documentation to support that the |
14 |
| applicant meets the
requirements of clause (b)(5) of |
15 |
| Section 25 of this Act.
|
16 |
| Section 35. Submission of identifying information; fee.
In |
17 |
| addition to the completed application, the applicant must |
18 |
| submit the
following information to
the Department of State |
19 |
| Police:
|
20 |
| (i) a head and shoulder color photograph as required by |
21 |
| Section 30 in a
size specified by the
Department of State |
22 |
| Police taken within 30 days preceding the date on which
the |
23 |
| application is
submitted;
|
24 |
| (ii) a non-refundable permit fee of $100 if he or she |
25 |
| has not previously
been
issued such a permit
by the |
26 |
| Department of State Police, or a non-refundable permit fee |
27 |
| of $75 for
each renewal of a
permit;
|
28 |
| (iii) a full set of legible fingerprints administered |
29 |
| to the applicant
by
the
Department of State
Police, or any |
30 |
| other federal, State, county, or municipal law enforcement
|
31 |
| agency; any cost of
fingerprinting shall be paid by the |
32 |
| applicant; and
|
33 |
| (iv) a photocopy of a certificate or other evidence of |
34 |
| completion of a
course
to show compliance
with Section 90 |
35 |
| of this Act.
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HB3987 |
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LRB093 15267 RLC 40867 b |
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| Section 40. Approval of application.
|
2 |
| (a) If the Department of State Police finds that the |
3 |
| applicant possesses a
valid Firearm Owner's
Identification |
4 |
| Card, meets the training requirements of this Act, and has
|
5 |
| provided the
documentation and paid the fees required for |
6 |
| issuance of a concealed firearms
permit and that,
as nearly as |
7 |
| it is possible to determine, nothing in the applicant's |
8 |
| background
or present
circumstances disqualify him or her from |
9 |
| possessing a firearm in Illinois, it
shall approve the
|
10 |
| application and issue the applicant a wallet-sized permit |
11 |
| bearing the
photograph of the applicant
within 90 days.
|
12 |
| (b) If the applicant is found to be ineligible, the |
13 |
| Department of State
Police shall deny the
application and |
14 |
| notify the applicant in writing, stating the grounds for
denial |
15 |
| and informing the
applicant of the right to submit, within 30 |
16 |
| days, any additional documentation
relating to the
grounds of |
17 |
| the denial. Upon receiving any additional documentation, the
|
18 |
| Department of State
Police shall reconsider its decision and |
19 |
| inform the applicant within 30 days of
the result of the
|
20 |
| reconsideration. The applicant shall further be informed of the |
21 |
| right to appeal
the denial
in the circuit court of his or her |
22 |
| place of residence.
|
23 |
| (c) The Department of State Police shall maintain an |
24 |
| automated listing of
permit holders and
pertinent information, |
25 |
| and this information shall be available on-line, upon
request, |
26 |
| at all times to
all Illinois law enforcement agencies. Except |
27 |
| as provided in this subsection,
information on
applications for |
28 |
| permits, names and addresses, or other identifying information
|
29 |
| relating to permit
holders shall be confidential and shall not |
30 |
| be made available except to law
enforcement agencies.
Requests |
31 |
| for information about any permit holder made by persons other |
32 |
| than a
bona fide law
enforcement agency shall be made to the |
33 |
| Department of State Police together
with any fee
required for |
34 |
| the providing of information. The Department of State Police
|
35 |
| shall, upon proper
application and the payment of the required |
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HB3987 |
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LRB093 15267 RLC 40867 b |
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| fee, provide to the requester, in
written form only, a
list of |
2 |
| names of any or all holders in the State of Illinois licensed |
3 |
| to carry
a concealed firearm. No
identifying information other |
4 |
| than the name shall be provided, and information
for geographic
|
5 |
| areas or other subdivisions of any type from the list shall not |
6 |
| be provided,
except to a bona fide
law enforcement agency, and |
7 |
| shall be confidential. No requests for lists of
local or |
8 |
| statewide
permit holders shall be made to any State or local |
9 |
| law enforcement agency. No
other
agency of government other |
10 |
| than the Department of State Police shall provide
any |
11 |
| information to
a requester not entitled to it by law. The names |
12 |
| of all persons, other than law
enforcement
agencies and peace |
13 |
| officers, requesting information under this Section shall be
|
14 |
| public records.
|
15 |
| Section 45. Revocation of a permit. A permit issued under |
16 |
| Section 40 shall
be suspended or revoked if the permit
holder |
17 |
| becomes
ineligible to be issued a permit under the criteria set |
18 |
| forth in clauses (b)(1), (2), (3), (4), and (5)
of Section 25 |
19 |
| or subsection (b) of Section 40 of this Act. When an order
of |
20 |
| protection
is issued under Section 112A-14 of the Code of |
21 |
| Criminal Procedure of 1963 or
under Section
214 of the Illinois |
22 |
| Domestic Violence Act of 1986 against a person holding a
permit |
23 |
| issued under
this Act, the holder of the permit shall surrender |
24 |
| the permit to the court or
to the officer serving
the order. |
25 |
| The officer to whom the permit is surrendered shall forthwith
|
26 |
| transmit the permit to the
court issuing the order. The permit |
27 |
| shall be suspended until the order is
terminated.
|
28 |
| Section 50. Notification of renewal. Not later than 120 |
29 |
| days before the
expiration of any permit
issued under this Act, |
30 |
| the Department of State Police shall notify the permit
holder |
31 |
| in writing of
the expiration and furnish an application for |
32 |
| renewal of the permit.
|
33 |
| Section 55. Renewal of permit.
|
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|
HB3987 |
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LRB093 15267 RLC 40867 b |
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| (a) The permit shall be renewed for a qualified applicant |
2 |
| upon receipt of the
properly completed
renewal application and |
3 |
| required renewal fee. The renewal application shall
contain the |
4 |
| same
required information as set forth in paragraphs (1) |
5 |
| through (9) of Section 30,
except that in
lieu of the firearm |
6 |
| education and use of deadly force training, the applicant
need |
7 |
| only
demonstrate previous issuance of and continued |
8 |
| eligibility for a concealed
firearms permit.
|
9 |
| (b) A permittee who fails to file a renewal application on |
10 |
| or before its
expiration date must pay an
additional late fee |
11 |
| of $25. A person who fails to renew his or her application
|
12 |
| within 6 months after
it's expiration must reapply for a new |
13 |
| permit and pay the fee for a new
application.
|
14 |
| Section 60. Change of address, change of name, or lost or |
15 |
| destroyed permits.
|
16 |
| (a) Within 30 days after the changing of a permanent |
17 |
| residence, or within 30
days after loss or
destruction of a |
18 |
| concealed firearms permit, the permittee shall notify the
|
19 |
| Department of State
Police of the loss, destruction, change of |
20 |
| name, or change of residence.
Failure to notify the
Department |
21 |
| of State Police shall constitute a noncriminal violation with a
|
22 |
| penalty of $25 payable
to the Department of State Police.
|
23 |
| (b) If a person issued a permit to carry a concealed |
24 |
| firearm changes
residence within this State,
or changes his or |
25 |
| her name, the person to whom the permit was issued may upon
|
26 |
| payment of
$25 to the Department of State Police obtain a |
27 |
| corrected concealed firearms
permit with a change
of address or |
28 |
| change of name upon furnishing a notarized statement to the
|
29 |
| Department of State
Police that the permittee has changed |
30 |
| residence, or his or her name, and upon
submission of an |
31 |
| application as set forth in Section 25 and photograph as set
|
32 |
| forth in paragraph
(2) of Section 30 of this Act. A concealed |
33 |
| firearms permit shall be
automatically invalid after 30
days if |
34 |
| the permittee has not notified the Department of State Police |
35 |
| of a
change of residence.
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HB3987 |
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LRB093 15267 RLC 40867 b |
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|
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| (c) If a permit to carry a concealed firearm is lost or |
2 |
| destroyed, the permit
shall be automatically
invalid, and the |
3 |
| person to whom the permit was issued may upon payment of $25
to |
4 |
| the Department of State Police obtain a duplicate, upon |
5 |
| furnishing a
notarized statement
to the Department of State |
6 |
| Police that the permit was lost or destroyed and
submission of |
7 |
| an
application as set forth in Section 25 and photograph as set |
8 |
| forth in paragraph
(2) of Section 30 of
this Act.
|
9 |
| Section 65. Concealed firearms permit.
|
10 |
| (a) A concealed firearm permit shall authorize the person |
11 |
| in whose name the
permit is issued to carry concealed firearms |
12 |
| on or about his or her person or
vehicle throughout the State. |
13 |
| No permit issued under this Section shall
authorize
any person |
14 |
| to carry a concealed firearm into or
upon:
|
15 |
| (i) Any police, sheriff, or Department of State Police |
16 |
| office or station without the
consent of the chief law
|
17 |
| enforcement officer in charge of that office or station.
|
18 |
| (ii) The facility of any adult or juvenile detention or |
19 |
| correctional
institution, prison, or jail.
|
20 |
| (iii) Any courthouse, solely occupied by the Circuit, |
21 |
| Appellate, or
Supreme
Court, or a courtroom
of any of those |
22 |
| courts, or court proceeding, except that nothing in this
|
23 |
| Section shall preclude a
judge, holding a concealed firearm |
24 |
| permit, from carrying a concealed firearm
within a |
25 |
| courthouse.
|
26 |
| (iv) Any meeting of the governing body of a unit of |
27 |
| local government; or
any
meeting of the
General Assembly or |
28 |
| a committee of the General Assembly, except that nothing in
|
29 |
| this Section
shall preclude a member of the body, holding a |
30 |
| concealed firearms permit, from
carrying a
concealed |
31 |
| firearm at a meeting of the body which he or she is a |
32 |
| member.
|
33 |
| (v) The General Assembly may by statute, and the county |
34 |
| or municipality
may by
ordinance, prohibit or limit the |
35 |
| carrying of concealed firearms by permit
holders in that |
|
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HB3987 |
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LRB093 15267 RLC 40867 b |
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|
1 |
| portion of a
building owned, leased, or controlled by that |
2 |
| unit of government. That portion
of a building in
which the |
3 |
| carrying of concealed firearms is prohibited or limited |
4 |
| shall be
clearly identified by signs
posted at the entrance |
5 |
| to the restricted area. The statute or ordinance shall
|
6 |
| exempt
any building used for public housing by private |
7 |
| persons, highways or rest
areas, firing ranges,
and private |
8 |
| dwellings owned, leased, or controlled by that unit of |
9 |
| government
from any restriction
on the carrying or |
10 |
| possession of a firearm. The statute or ordinance shall not
|
11 |
| specify any criminal
penalty for its violation but may |
12 |
| specify that persons violating the statute or
ordinance may |
13 |
| be
denied entrance to the building, ordered to leave the |
14 |
| building, and, if the
employees of the unit of
government, |
15 |
| be subjected to disciplinary measures for violation of the
|
16 |
| provisions of the statute or
ordinance. The provisions of |
17 |
| this Section shall not apply to any
other unit of |
18 |
| government.
|
19 |
| (vi) Any portion of an establishment licensed to |
20 |
| dispense beer or
alcoholic
beverages for
consumption on the |
21 |
| premises, which portion of the establishment is primarily
|
22 |
| devoted to that
purpose. This paragraph (vi) does not apply |
23 |
| to any bona fide restaurant open to
the general
public |
24 |
| having dining facilities for not less than 50 persons and |
25 |
| that receives
at least 50% of its
gross annual income from |
26 |
| the dining facilities by the sale of food.
|
27 |
| (vii) Any area of an airport to which access is |
28 |
| controlled by the
inspection of
persons and
property.
|
29 |
| (viii) Any place where the carrying of a firearm is |
30 |
| prohibited by federal
law.
|
31 |
| (ix) Any elementary or secondary school facility |
32 |
| without the consent of
school
authorities.
|
33 |
| (x) Any portion of a building used as a child care |
34 |
| facility without the
consent of the manager.
Nothing in |
35 |
| this Section shall prevent the operator of a child care |
36 |
| facility in
a family home from
owning or possessing a |
|
|
|
HB3987 |
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LRB093 15267 RLC 40867 b |
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| firearm or permit.
|
2 |
| (xi) A riverboat gambling operation or horse racing |
3 |
| facility accessible
by the
public.
|
4 |
| (xii) Any gated area of an amusement park.
|
5 |
| (xiii) Any stadium, arena, or collegiate or |
6 |
| professional sporting event.
|
7 |
| (xiv) A church or other place of religious worship.
|
8 |
| A violation of this subsection (a) is a Class C |
9 |
| misdemeanor.
|
10 |
| (b) A concealed firearm permit does not authorize the |
11 |
| concealed carrying or
transportation of a stun
gun or taser.
|
12 |
| Section 70. Immunity of Department, sheriff, municipal |
13 |
| police department, and
their employees
and agents.
The |
14 |
| Department of State Police, office of the county sheriff, or |
15 |
| municipal
police department, and any
employee or agent of the |
16 |
| Department of State Police, county sheriff, or
municipal police
|
17 |
| department is not liable for damages in any civil action |
18 |
| arising from
alleged wrongful or
improper granting, renewing, |
19 |
| or failure to revoke permits issued under
this Act.
|
20 |
| Section 80. Fees.
|
21 |
| (a) Fees collected under this Act and deposited into the |
22 |
| Retired Officers
Security Trust
Fund shall be used exclusively |
23 |
| for administering the provisions of this Act;
except that,
|
24 |
| commencing January 1, 2005, any excess moneys in the Fund may |
25 |
| be used to ensure
the prompt
and efficient processing of |
26 |
| applications received under Section 30 of this Act.
|
27 |
| (b) Fees for a concealed firearms permit shall be:
|
|
28 | | New permit ..................................... |
$100 |
|
29 | | Renewal ........................................ |
$75 |
|
30 | | Duplicate due to lost or destroyed ............. |
$25 |
|
31 | | Corrected permit due to change of address |
|
|
32 | | or name ....................................... |
$25 |
|
33 | | Late renewal fee ............................... |
$25 |
|
|
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HB3987 |
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LRB093 15267 RLC 40867 b |
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|
1 |
| Section 85. Applicant training.
|
2 |
| (a) The applicant training course shall be the standardized |
3 |
| training course
furnished by the
Department and taught by a |
4 |
| qualified firearms instructor, consisting of:
|
5 |
| (1) Eight hours of classroom instruction, covering at |
6 |
| least the following
topics:
|
7 |
| (i) handgun safety in the classroom, at home, on |
8 |
| the firing range, or
while
carrying the firearm;
|
9 |
| (ii) the basic principles of marksmanship;
|
10 |
| (iii) care and cleaning of handguns; and
|
11 |
| (iv) by means of a videotape produced or approved |
12 |
| by the Department:
|
13 |
| (A) the requirements for obtaining a concealed |
14 |
| firearms permit in this
State;
|
15 |
| (B) laws relating to firearms as prescribed in |
16 |
| the Firearm Owners
Identification
Card Act, |
17 |
| Article 24 of the Criminal Code of 1961, and 18 |
18 |
| U.S.C. 921 through
930; and
|
19 |
| (C) laws relating to the justifiable use of |
20 |
| force as prescribed in
Article 7
of the Criminal |
21 |
| Code of
1961.
|
22 |
|
(2) Live firing exercises of sufficient duration for |
23 |
| each applicant to fire:
|
24 |
| (i) a handgun from a standing position;
|
25 |
| (ii) a minimum of 20 rounds; and
|
26 |
| (iii) at a distance from a B-21 silhouette target, |
27 |
| or an equivalent as
approved by the
Department, of 7 |
28 |
| yards.
|
29 |
| (b) The classroom portion of the course may be, at the |
30 |
| qualified firearms
instructor's discretion,
divided into |
31 |
| segments of not less than 2 hours each.
|
32 |
| (c) (1) An applicant training course shall not be open to |
33 |
| persons who are
less than 21 years of
age.
|
34 |
| (2) An applicant training course students shall |
35 |
| complete a course
application form, which shall
include a |
36 |
| statement acknowledging receipt of copies of pertinent |
|
|
|
HB3987 |
- 13 - |
LRB093 15267 RLC 40867 b |
|
|
1 |
| statutory
provisions listed in
clauses (A), (B), and (C) of |
2 |
| subparagraph (iv) of paragraph (1) of subsection
(a)
and a |
3 |
| liability waiver.
|
4 |
| (3) The course application form may be obtained from |
5 |
| the qualified
firearms
instructor at the time
of the |
6 |
| course.
|
7 |
| (d) At the conclusion of the classroom portion of the |
8 |
| applicant training
course, the qualified
firearms instructor |
9 |
| shall:
|
10 |
| (1) distribute a standard course examination to the |
11 |
| students;
|
12 |
| (2) not leave the room in which the examination is |
13 |
| being held while the
examination is in
progress;
|
14 |
| (3) collect examination booklets and answer sheets |
15 |
| from each student at the
end of the
examination period;
|
16 |
| (4) not grade the examinations in the presence of |
17 |
| students; and
|
18 |
| (5) not divulge an applicant's numeric score on the day |
19 |
| of the examination,
but may indicate
whether an applicant |
20 |
| passed or failed the examination.
|
21 |
| (e) A person shall not:
|
22 |
| (1) make an unauthorized copy of the applicant training |
23 |
| course examination,
in whole or in part;
|
24 |
| (2) possess the applicant training course examination, |
25 |
| or questions from
the examination, unless
authorized by the |
26 |
| Department; or
|
27 |
| (3) divulge the contents of an applicant training |
28 |
| course examination
questions to another person.
|
29 |
| (f) (1) Students shall provide their own safe, functional |
30 |
| handgun and
factory-loaded ammunition.
|
31 |
| (2) Prior to conducting range firing, the certified
|
32 |
| firearms instructor shall:
|
33 |
| (i) inspect each applicant's firearm; and
|
34 |
| (ii) not allow the firing of a handgun that is not |
35 |
| in sound mechanical
condition or otherwise may
pose a |
36 |
| safety hazard.
|
|
|
|
HB3987 |
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LRB093 15267 RLC 40867 b |
|
|
1 |
| (g) Grades of "passing" shall not be given on range work
to |
2 |
| an applicant who:
|
3 |
| (1) does not follow the orders of the certified |
4 |
| firearms instructor;
|
5 |
| (2) in the judgment of the certified firearms |
6 |
| instructor, handles a firearm
in
a manner that poses a
|
7 |
| danger to the applicant or to others; or
|
8 |
| (3) during the testing portion of the range work fails |
9 |
| to hit the
silhouette
portion of the target with
a majority |
10 |
| of 20 rounds.
|
11 |
| (h) Certified firearms instructors shall:
|
12 |
| (1) allow monitoring of their classes by officials of |
13 |
| any certifying
agency;
|
14 |
| (2) make all course records available upon demand to |
15 |
| authorized personnel
of
the Department;
and
|
16 |
| (3) not divulge course records except as authorized by |
17 |
| the certifying
agency.
|
18 |
| (i) (1) Fees for applicant training courses shall not |
19 |
| exceed $75 per student.
|
20 |
| (2) Qualified firearms instructors shall collect the |
21 |
| fee and remit $25 of
the fee to the Department.
|
22 |
| (3) Fees shall not be refunded to students who fail or |
23 |
| otherwise do not
complete the course.
|
24 |
| (j) An applicant training course shall not have more than |
25 |
| 40 students in the
classroom portion or
more than 10 students |
26 |
| per range officer engaged in range firing.
|
27 |
| (k) Within 3 working days after the completion of the |
28 |
| course, the certified
firearms instructor shall:
|
29 |
| (1) grade the examinations; and
|
30 |
| (2) mail to the Department:
|
31 |
| (i) the completed course application form, showing |
32 |
| the student's score on
the written examination
and |
33 |
| indicating whether the student passed or failed the |
34 |
| range work; and
|
35 |
| (ii) the graded examinations.
|
36 |
| (l) Within 15 days after receipt of the material described |
|
|
|
HB3987 |
- 15 - |
LRB093 15267 RLC 40867 b |
|
|
1 |
| in section (k),
the Department shall
mail to the applicant:
|
2 |
| (i) a certificate of successful course completion; |
3 |
| or
|
4 |
| (ii) notification that the applicant has failed |
5 |
| the course and will not
be
certified.
|
6 |
| (m) A student shall be issued a certificate of completion |
7 |
| if he or she:
|
8 |
| (i) answers at least 70% of the written examination |
9 |
| questions correctly;
and
|
10 |
| (ii) achieves a grade of "passing" on the range |
11 |
| work.
|
12 |
| (n) (1) Students who score below 70% on the written |
13 |
| examination may retake
the examination one
time without having |
14 |
| to retake the course.
|
15 |
| (2) Students who do not achieve a grade of "passing" on the |
16 |
| range work
may
repeat the range
work one time without having to |
17 |
| retake the course.
|
18 |
| (3) Notices of failure shall include information on whether |
19 |
| the student
failed
the written exam, the
range firing, or both.
|
20 |
| Section 90. Firearms instructors training.
|
21 |
| (a) Persons who are not qualified firearms instructors |
22 |
| shall not teach
applicant training courses.
|
23 |
| (b) Persons who are not qualified firearms instructors |
24 |
| shall not advertise or
otherwise represent
courses they teach |
25 |
| as qualifying their students to meet the requirements to
|
26 |
| receive a permit to
carry concealed firearms in this State.
|
27 |
| (c) Persons who are not certified instructor trainers shall |
28 |
| not teach
instructor qualification courses.
|
29 |
| (d) Persons wishing to become qualified firearms |
30 |
| instructors shall:
|
31 |
| (1) be at least 21 years of age;
|
32 |
| (2) be a citizen of the United States; and
|
33 |
| (3) meet the requirements of subsection (b) of Section |
34 |
| 25.
|
35 |
| (e) Persons wishing to become instructor trainers, in |
|
|
|
HB3987 |
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LRB093 15267 RLC 40867 b |
|
|
1 |
| addition to the
requirements of subsection (d) of this Section, |
2 |
| shall:
|
3 |
| (1) possess a high school diploma or GED certificate;
|
4 |
| (2) have at least one of the following valid firearms |
5 |
| instructor
certifications:
|
6 |
| (I) National Rifle Association Personal Protection |
7 |
| Instructor;
|
8 |
| (II) National Rifle Association Pistol |
9 |
| Marksmanship Instructor;
|
10 |
| (III) certification from a firearms instructor's |
11 |
| course offered by a
State or
federal governmental
|
12 |
| agency; or
|
13 |
| (IV) a similar firearms instructor qualifying |
14 |
| course, approved the
Director of
State Police or his
or |
15 |
| her designee.
|
16 |
| (f) (1) Applicants shall agree to background checks.
|
17 |
| (2) An applicant may be disqualified from taking |
18 |
| firearms instructor
training,
or have his or her
instructor |
19 |
| qualification revoked, if the applicant:
|
20 |
| (A) does not meet the requirements of this Act to |
21 |
| possess a concealed
firearms permit;
|
22 |
| (B) provides false or misleading information on |
23 |
| the application; or
|
24 |
| (C) has had a prior instructor qualification |
25 |
| revoked by the Department.
|
26 |
| (g) The training course to certify firearms instructors and |
27 |
| instructor
trainers shall include:
|
28 |
| (1) Sixteen hours of classroom instruction covering at |
29 |
| least the following
topics:
|
30 |
| (i) by means of a videotape produced or approved by |
31 |
| the Department:
|
32 |
| (A) the requirements for obtaining a concealed |
33 |
| firearms permit in this
State;
|
34 |
| (B) laws relating to firearms as contained in the |
35 |
| Firearm Owners
Identification Card Act, Article
24 of |
36 |
| the Criminal Code of 1961, and 18 U.S.C. 921 through |
|
|
|
HB3987 |
- 17 - |
LRB093 15267 RLC 40867 b |
|
|
1 |
| 930;
|
2 |
| (C) laws relating to the justifiable use of force |
3 |
| as contained in Article
7 of the Criminal Code
of 1961;
|
4 |
| (D) the conduct of applicant training courses;
|
5 |
| (E) record-keeping requirements of this Act;
|
6 |
| (F) the basic nomenclature of handguns;
|
7 |
| (G) the basic principles of marksmanship; and
|
8 |
| (H) the safe handling of handguns.
|
9 |
| (2) A classroom demonstration, during which the |
10 |
| instructor candidate shall
receive instruction on
and |
11 |
| demonstrate competency in the ability to prepare and |
12 |
| deliver a classroom
presentation using
materials from the |
13 |
| applicant curriculum.
|
14 |
| (3) Range instruction and firing of live ammunition, |
15 |
| during which the
instructor candidate shall
receive |
16 |
| instruction on and demonstrate competency in the ability |
17 |
| to:
|
18 |
| (i) handle and fire a handgun safely and |
19 |
| accurately;
|
20 |
| (ii) conduct a function test and safety
inspection |
21 |
| of common types of handguns;
|
22 |
| (iii) clean common types of handguns; and
|
23 |
| (iv) supervise and conduct live firing
exercises |
24 |
| in a safe and efficient manner.
|
25 |
| (h) To qualify as a certified firearms instructor or |
26 |
| instructor trainer,
instructor candidates shall achieve:
|
27 |
| (1) a minimum score of 70% on a written examination |
28 |
| covering the material
taught during the
classroom portion |
29 |
| of the course;
|
30 |
| (2) a minimum score of 80% on range firing of a handgun |
31 |
| from the standing
position while aiming
at a B-21 PC |
32 |
| silhouette target or an equivalent as approved by the |
33 |
| Department,
with a minimum
of:
|
34 |
| (i) ten rounds from 7 yards;
|
35 |
| (ii) ten rounds from 15 yards; and
|
36 |
| (iii) a score of "passing" from the
course |
|
|
|
HB3987 |
- 18 - |
LRB093 15267 RLC 40867 b |
|
|
1 |
| instructor for demonstrating competency in each of the |
2 |
| following:
|
3 |
| (A) supervising and conducting live fire;
|
4 |
| (B) cleaning and inspecting handguns; and
|
5 |
| (C) preparing and delivering the classroom |
6 |
| lecture.
|
7 |
| (i) Instructor candidates who fail to meet the minimum |
8 |
| requirements of
subsection (g) of this
Section may retake the |
9 |
| examination, range work, or classroom demonstration one
time
|
10 |
| without having to repeat the course.
|
11 |
| (j) Qualified firearms instructor and instructor trainer |
12 |
| certificates shall
be valid for 3 years from
date of issue. |
13 |
| Qualified firearms instructors or instructor trainers may |
14 |
| renew
their certification by
successfully completing a |
15 |
| refresher course offered or approved by the
Department.
|
16 |
| (k) The fees for instructor trainer or refresher courses |
17 |
| shall be $100 per
student.
|
18 |
| (1) The fees for qualified instructor courses shall be |
19 |
| no more than $100
per student. The
instructor trainer shall |
20 |
| remit $50 per student to the Department.
|
21 |
| (2) Fees shall not be refunded to those who do not pass |
22 |
| or otherwise fail
to complete a course.
|
23 |
| (l) Course participants shall provide their own safe, |
24 |
| functional handgun and
factory-loaded
ammunition.
|
25 |
| (m) Prior to conducting range firing, the course instructor |
26 |
| shall:
|
27 |
| (1) inspect each applicant's firearm; and
|
28 |
| (2) not allow the firing of a handgun that is not |
29 |
| in sound mechanical
condition or otherwise may
pose a |
30 |
| safety hazard.
|
31 |
| Section 95. Repeal. This Act is repealed on January 1, |
32 |
| 2010.
|
33 |
| Section 100. Severability. The provisions of this Act are |
34 |
| severable under
Section 1.31
of the Statute on Statutes.
|
|
|
|
HB3987 |
- 19 - |
LRB093 15267 RLC 40867 b |
|
|
1 |
| Section 105. The Firearm Owners Identification Card Act is |
2 |
| amended by
changing
Section 13.1 as follows:
|
3 |
| (430 ILCS 65/13.1)
(from Ch. 38, par. 83-13.1)
|
4 |
| Sec. 13.1. The provisions of any ordinance enacted by any |
5 |
| municipality which
requires registration or imposes greater |
6 |
| restrictions or limitations on the
acquisition, possession and |
7 |
| transfer of firearms than are imposed by this
Act, are not |
8 |
| invalidated or affected by this Act , except that an ordinance |
9 |
| of
a unit of local government, including a home rule unit, is |
10 |
| invalid if it is
inconsistent with the Retired Officers |
11 |
| Security Act. It is declared to be the
policy of this State |
12 |
| that the regulation of the right to carry concealed
firearms is |
13 |
| an exclusive power and function of the State. A home rule unit |
14 |
| may
not regulate the issuance of permits to carry concealed |
15 |
| firearms or the
carrying and transportation of firearms. This |
16 |
| Section is a
denial and limitation of home rule powers and |
17 |
| functions under subsection (h) of
Section 6 of Article VII of |
18 |
| the Illinois Constitution .
|
19 |
| (Source: P.A. 76-1939.)
|
20 |
| Section 999. Effective date. This Act takes effect upon |
21 |
| becoming a
law.
|