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1 | AN ACT concerning firearms.
| ||||||||||||||||||||||||||
2 | Be it enacted by the People of the State of Illinois,
| ||||||||||||||||||||||||||
3 | represented in the General Assembly:
| ||||||||||||||||||||||||||
4 | Section 1. Short title. This Act may be cited as the | ||||||||||||||||||||||||||
5 | Retired Officers
Security Act.
| ||||||||||||||||||||||||||
6 | Section 5. Legislative declaration. The General Assembly | ||||||||||||||||||||||||||
7 | finds that as a
matter of public policy it
is necessary to | ||||||||||||||||||||||||||
8 | provide statewide uniform standards for issuing permits to
| ||||||||||||||||||||||||||
9 | carry concealed
firearms for retired peace officers and that no | ||||||||||||||||||||||||||
10 | person who does not qualify
under the provisions of
this Act | ||||||||||||||||||||||||||
11 | receives a permit to carry concealed firearms. The General | ||||||||||||||||||||||||||
12 | Assembly
recognizes that it
already regulates the use and | ||||||||||||||||||||||||||
13 | possession of concealed firearms under Sections
24-1 and 24-1.6
| ||||||||||||||||||||||||||
14 | of the Criminal Code of 1961 and that the regulation of | ||||||||||||||||||||||||||
15 | concealed firearms is
an exclusive
statewide function. The | ||||||||||||||||||||||||||
16 | General Assembly does not delegate to the Department of
State | ||||||||||||||||||||||||||
17 | Police
the authority to regulate or restrict the issuing of | ||||||||||||||||||||||||||
18 | concealed firearms permits
provided for in this
Act beyond | ||||||||||||||||||||||||||
19 | those provisions contained in this Act.
| ||||||||||||||||||||||||||
20 | Section 10. Definitions. As used in this Act:
| ||||||||||||||||||||||||||
21 | "Concealed firearm" means a handgun carried on or about a | ||||||||||||||||||||||||||
22 | person completely
or mostly
concealed from view of the public, | ||||||||||||||||||||||||||
23 | or carried in a vehicle in such a way as it
is concealed from
| ||||||||||||||||||||||||||
24 | view of the public.
| ||||||||||||||||||||||||||
25 | "Department" means the Department of State Police.
| ||||||||||||||||||||||||||
26 | "Director" means the Director of State Police.
| ||||||||||||||||||||||||||
27 | "Fund" means the Retired Officers Security Trust Fund.
| ||||||||||||||||||||||||||
28 | "Handgun" has the meaning ascribed to it in subsection | ||||||||||||||||||||||||||
29 | (A)(h) of Section 24-3
of the Criminal
Code of 1961.
| ||||||||||||||||||||||||||
30 | "Permit" means a permit to carry a concealed firearm issued | ||||||||||||||||||||||||||
31 | by the Department
of State Police.
|
| |||||||
|
|||||||
1 | "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 |
| |||||||
|
|||||||
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 |
| |||||||
|
|||||||
1 | Training Standards Board; or
| ||||||
2 | (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 |
| |||||||
|
|||||||
1 | 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.
|
| |||||||
|
|||||||
1 | 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 |
| |||||||
|
|||||||
1 | 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.
|
| |||||||
|
|||||||
1 | (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.
|
| |||||||
|
|||||||
1 | (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 |
| |||||||
|
|||||||
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 |
| ||||||||||||||||||||||||||
|
||||||||||||||||||||||||||
1 | 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:
| |||||||||||||||||||||||||
|
| |||||||
|
|||||||
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 |
| |||||||
|
|||||||
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.
|
| |||||||
|
|||||||
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 |
| |||||||
|
|||||||
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 |
| |||||||
|
|||||||
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 |
| |||||||
|
|||||||
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 |
| |||||||
|
|||||||
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.
|
| |||||||
|
|||||||
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.
|