093_SB1888

 
                                     LRB093 10177 RLC 10431 b

 1        AN ACT in relation to 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    Family and Personal Protection 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 and that  no  person  who  does  not
10    qualify under the provisions of this Act receives a permit to
11    carry  concealed  firearms.  The  General Assembly recognizes
12    that it already regulates the use and possession of concealed
13    firearms under Sections 24-1 and 24-1.6 of the Criminal  Code
14    of  1961  and that the regulation of concealed firearms is an
15    exclusive Statewide function. The General Assembly  does  not
16    delegate  to  the Department of State Police the authority to
17    regulate or restrict  the  issuing   of   concealed  firearms
18    permits  provided  for  in  this  Act beyond those provisions
19    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
23    public,  or  carried  in  a  vehicle  in  such a way as it is
24    concealed from view of the public.
25        "Department" means the Department of State Police.
26        "Director" means the Director of State Police.
27        "Fund" means the Citizen Safety  and  Self-Defense  Trust
28    Fund.
29        "Handgun"  has  the  meaning ascribed to it in subsection
30    (h) of Section 24-3 of the Criminal Code of 1961.
 
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 1        "Permit" means a permit  to  carry  a  concealed  firearm
 2    issued by the Department of State Police.
 3        "Permittee"  means  a  person  who is issued a  permit to
 4    carry a concealed firearm by the Department of State Police.

 5        Section 15.  Citizen Safety and Self-Defense Trust Fund.
 6        (a)  There is created the Citizen Safety and Self-Defense
 7    Trust Fund. The Fund shall be maintained apart from the State
 8    Treasury and shall be administered by the  Department.  Money
 9    from  federal  and  State  sources  may be deposited into the
10    Fund.  Fees from applications for new, renewal, corrected and
11    duplicate concealed firearms permits shall be deposited  into
12    the  Fund.  The Department may invest the monies in the Fund,
13    and any income on these investments shall  be  reinvested  in
14    the Fund.
15        (b)  The  Department  shall  use  the  moneys in the Fund
16    exclusively for the administration of this Act.

17        Section 20. Permit for concealed firearms. The Department
18    of State Police is  authorized  to  issue  permits  to  carry
19    concealed  firearms  to persons qualified as provided in this
20    Act. Permits to carry a concealed  firearms  shall  be  valid
21    throughout the State for a period of 3 years from the date of
22    issuance.  Any  person  in  compliance  with the terms of the
23    permit may carry concealed firearms on or about  his  or  her
24    person. The permittee shall carry the permit at all times the
25    permittee  is  carrying a concealed firearm and shall display
26    the permit upon the request of a law enforcement officer. The
27    permit is valid throughout the State.

28        Section 25. Application for permit and qualifications  of
29    applicants.
30        (a)  An   applicant   for   a  permit  shall  obtain  the
31    application from the Department  of  State  Police.   If  the
 
                            -3-      LRB093 10177 RLC 10431 b
 1    applicant   resides  in  a  county  of  less  than  3,000,000
 2    inhabitants (or if the  applicant  resides  in  a  county  of
 3    3,000,000   or   more   inhabitants   but   not   within  any
 4    municipality), the application for a permit or renewal  of  a
 5    permit to carry a concealed firearm shall be submitted to the
 6    office  of  the  sheriff of the county in which the applicant
 7    resides.  The  completed  application  and  all  accompanying
 8    material  plus an application fee of $100 for a new permit or
 9    $75 for a renewal shall be presented to  the  office  of  the
10    sheriff of the county in which the applicant resides.
11        The  sheriff shall transmit the application, accompanying
12    material  and  any  objections  to   the   application,   and
13    application fees to the Department of State Police along with
14    the  completed  application  within  10 working days.  Twenty
15    dollars of the application  fee  shall  be  retained  by  the
16    office of the sheriff for official expenses of the office.
17        The  sheriff  may submit specific and articulable reasons
18    to the Department  in  objection  to  an  application  for  a
19    concealed  firearms  permit.   He or she shall articulate the
20    recommendation for denial in a written  report  and  transmit
21    that  report to the Department of State Police along with the
22    completed application within 10 working days. The  Department
23    of  State  Police  shall  maintain  the report which shall be
24    available to the applicant for a concealed firearms permit.
25        (a-5)  If the applicant resides in a county of  3,000,000
26    or   more   inhabitants   and   within  a  municipality,  the
27    application for a permit or renewal of a permit  to  carry  a
28    concealed  firearm shall be submitted to the municipal police
29    department and the duties imposed  upon  the  county  sheriff
30    under  subsection  (a)  shall  be  imposed upon the municipal
31    police chief of  the  municipality  in  which  the  applicant
32    resides.  The municipal police department shall retain $20 of
33    the application fee for official expenses of the department.
34        (b)  The  Department  of  State  Police,  upon a person's
 
                            -4-      LRB093 10177 RLC 10431 b
 1    application for a concealed firearms permit, upon receipt  of
 2    the   appropriate   fees,   and  after  compliance  with  the
 3    procedures set out in this Section, shall issue the applicant
 4    a concealed firearms permit if the person:
 5             (i)  Is at least 21 years of age;
 6             (ii)  Resides within the State of Illinois  and  has
 7        been a resident for  the last 6 months and is a permanent
 8        resident of the United States;
 9             (iii)  Has  not been convicted of a crime punishable
10        by imprisonment for a term exceeding one year,  or  of  a
11        misdemeanor  evidencing violence, is not free on any form
12        of bond or pretrial release,  and  has  no    outstanding
13        warrants for those crimes;
14             (iv)  Has  no  record  of  mental  disease or mental
15        illness on file with the Department of State Police  that
16        would    evidence  incapacity,  or  lack of proper mental
17        capacity;
18             (v)  Has not been committed to a  state  or  federal
19        facility  for  the  abuse  of  a  controlled substance or
20        cannabis or has  not  been  convicted  of  a  misdemeanor
21        violation  of  the  Illinois Controlled Substances Act or
22        Cannabis Control Act or similar laws of any  other  state
23        relating to controlled substances or cannabis within a 10
24        year  period  immediately preceding the date on which the
25        application is submitted; and
26             (vi)  Does  not  chronically  and   habitually   use
27        alcoholic  beverages as evidenced by the applicant having
28        2 or more convictions for violating Section 11-501 of the
29        Illinois Vehicle Code or similar  provision  of  a  local
30        ordinance within 5 years preceding his or her application
31        or  if  the  applicant  has  elected  treatment under the
32        supervision of a licensed program in accordance with  the
33        Alcoholism  and  Other  Drug  Abuse and Dependency Act or
34        similar laws of any other state within a  5  year  period
 
                            -5-      LRB093 10177 RLC 10431 b
 1        immediately  preceding  the date on which the application
 2        is submitted.

 3        Section  30.   Contents  of  application.   The   initial
 4    application  shall  be  in  writing, under oath and under the
 5    penalties of perjury, on a standard form  promulgated by  the
 6    Department  of  State  Police and shall be accompanied by the
 7    appropriate fees and required documentation. The  application
 8    shall contain only the following information:
 9             (i)  the applicant's name, address, gender, and date
10        and place of birth;
11             (ii)  a  head  and  shoulder  color photograph taken
12        within  30  days  preceding  the  date   on   which   the
13        application is submitted;
14             (iii)  questions   to  certify  or  demonstrate  the
15        applicant has completed a  firearms  and  deadly  use  of
16        force    training  and  education prerequisites specified
17        under this Act;
18             (iv)  a statement that the applicant is  a  resident
19        of the State of Illinois and has been a resident for  the
20        last  6  months and is a permanent resident of the United
21        States;
22             (v)  a waiver of privacy and confidentiality  rights
23        and privileges enjoyed by the applicant under all federal
24        and  state  laws  governing  access  to  juvenile  court,
25        criminal  justice,  psychological or psychiatric records,
26        or   records  relating  to  the  applicant's  history  of
27        institutionalization, and an affirmative request that any
28        person    having custody of any such record provide it or
29        information concerning it to the Department;
30             (vi)  a conspicuous warning  that  false  statements
31        made  by  the  applicant  will  result in prosecution for
32        perjury  in accordance with Section 32-2 of the  Criminal
33        Code of 1961;
 
                            -6-      LRB093 10177 RLC 10431 b
 1             (vii)  An affirmation that the applicant is at least
 2        21 years of age, that the applicant possesses a currently
 3        valid    Illinois  Firearm  Owner's  Identification Card,
 4        together with the card number or is applying for the card
 5        in    conjunction  with  the  concealed  firearms  permit
 6        application;
 7             (viii)  An affirmation that the applicant has  never
 8        been   convicted  of  any  felony  or  of  a  misdemeanor
 9        involving   the  use  or  threat  of  physical  force  or
10        violence  to any person; and has never been adjudicated a
11        delinquent  minor for an offense which,  had  he  or  she
12        been  tried as an adult, would have been such a felony or
13        misdemeanor;
14             (ix)  The  application  shall   also   contain   the
15        following  statement  along with a signature line for use
16        by the applicant, which  statement  the  applicant  shall
17        affirm  under  oath  "I the undersigned state, under oath
18        and subject to the penalty of perjury, that I  am  not  a
19        streetgang  member  as  defined  in  Section  10  of  the
20        Illinois Streetgang Terrorism Omnibus Prevention Act, and
21        I  will  not  join  or  become associated with a criminal
22        streetgang.".

23        Section 35.  Submission of identifying information; fee.
24    In addition to the completed application, the applicant  must
25    also  submit  the  following  to the sheriff of the county in
26    which the applicant resides.  The sheriff  shall  submit  the
27    information to the Department of State Police:
28             (i)  A   head   and  shoulder  color  photograph  as
29        required by  Section  30  in  a  size  specified  by  the
30        Department of State Police taken within 30 days preceding
31        the date on which the application is submitted.
32             (ii)  A  non-refundable  permit fee of $100 if he or
33        she has not previously been issued such a permit  by  the
 
                            -7-      LRB093 10177 RLC 10431 b
 1        Department  of  State  Police, or a non-refundable permit
 2        fee of $75 for each renewal of  a  permit  of  which  $20
 3        shall  be  retained  by  the sheriff or, if the applicant
 4        resides within a municipality in a county of 3,000,000 or
 5        more inhabitants, by the municipal police department.
 6             (iii)  A   full   set   of   legible    fingerprints
 7        administered  to the applicant by the Department of State
 8        Police, or any other federal, State, county or  municipal
 9        law  enforcement agency. Any cost of fingerprinting shall
10        be paid by the applicant.
11             (iv)  A photocopy of a certificate or other evidence
12        of completion of a course to show compliance with Section
13        90 of this Act.

14        Section 40.  Approval of application.
15        (a)  If the Department of State Police  finds  that   the
16    applicant  possesses  a  valid Firearm Owner's Identification
17    Card, meets the training requirements of  this  Act  and  has
18    provided  the  documentation  and  paid the fees required for
19    issuance of a concealed firearms permit, and that, as  nearly
20    as  it  is  possible to determine, nothing in the applicant's
21    background or present circumstances  disqualify  him  or  her
22    from  possessing  a firearm in Illinois, it shall approve the
23    application and issue the applicant  a  wallet  sized  permit
24    bearing the photograph of the applicant within 90 days.
25        (b)  The   Department   may  consider  any  objection  or
26    recommendation  made  by  the  sheriff  or  municipal  police
27    department supported by specific and articulable reasons,  in
28    a written report, why the applicant should be denied a permit
29    and may deny the permit based solely on those objections.
30        (c)  If  the  applicant  is  found  to be ineligible, the
31    Department of State Police shall deny  the  application,  and
32    notify  the  applicant  in  writing,  stating the grounds for
33    denial and informing the applicant of the  right  to  submit,
 
                            -8-      LRB093 10177 RLC 10431 b
 1    within  30 days, any additional documentation relating to the
 2    grounds  of  the  denial.  Upon  receiving   any   additional
 3    documentation,   the   Department   of   State  Police  shall
 4    reconsider its decision and inform the  applicant  within  30
 5    days  of  the  result  of the reconsideration.  The applicant
 6    shall further be informed of the  right to appeal the  denial
 7    in the circuit court of his or her place of residence.
 8        (d)  The  Department  of  State  Police shall maintain an
 9    automated   listing   of   permit   holders   and   pertinent
10    information, and this information shall be available on-line,
11    upon request, at all times to all  Illinois  law  enforcement
12    agencies.  Except as provided in this subsection, information
13    on  applications  for  permits, names and addresses, or other
14    identifying information relating to permit holders  shall  be
15    confidential  and  shall  not be made available except to law
16    enforcement agencies.  Requests  for  information  about  any
17    permit  holder  made  by  persons  other than a bona fide law
18    enforcement agency shall be made to the Department  of  State
19    Police  together  with  any fee required for the providing of
20    information.  The Department  of  State  Police  shall,  upon
21    proper  application  and  the  payment  of  the required fee,
22    provide to the requester in written  form  only,  a  list  of
23    names of any or all holders in the State of Illinois licensed
24    to  carry  a  concealed  firearm.  No identifying information
25    other than the name shall be provided,  and  information  for
26    geographic  areas  or other subdivisions of any type from the
27    list shall not  be  provided,  except  to  a  bona  fide  law
28    enforcement  agency,  and shall be confidential.  No requests
29    for lists of local or statewide permit holders shall be  made
30    to  any  state  or  local  law  enforcement agency.  No other
31    agency of government  other  than  the  Department  of  State
32    Police  shall  provide  any  information  to  a requester not
33    entitled to it by law.  The names of all persons, other  than
34    law  enforcement  agencies  and  peace  officers,  requesting
 
                            -9-      LRB093 10177 RLC 10431 b
 1    information under this Section shall be public records.

 2        Section 45.  Revocation of a permit.
 3        A  permit  issued  under Section 40 shall be suspended or
 4    revoked if the permit holder becomes ineligible to be  issued
 5    a  permit  under the criteria set forth in subsection (b)(i),
 6    (ii), (iii), (iv), (v), and (vi) of Section 25 or  subsection
 7    (b)  of  Section 40 of this Act.  When an order of protection
 8    is issued under Section  112A-14  of  the  Code  of  Criminal
 9    Procedure  of  1963  or  under  Section  214  of the Illinois
10    Domestic Violence Act of 1986  against  a  person  holding  a
11    permit  issued under this Act, the holder of the permit shall
12    surrender the permit to the court or to the  officer  serving
13    the  order.   The  officer  to whom the permit is surrendered
14    shall forthwith transmit the permit to the court issuing  the
15    order.   The  permit  shall  be  suspended until the order is
16    terminated.

17        Section 50.  Notification of renewal. Not later than  120
18    days  before  the  expiration of any permit issued under this
19    Act, the Department of State Police shall notify  the  permit
20    holder   in   writing   of  the  expiration  and  furnish  an
21    application for renewal of the permit.

22        Section 55.  Renewal of permit.
23        (a)  The  permit  shall  be  renewed  for   a   qualified
24    applicant  upon  receipt  of  the  properly completed renewal
25    application and required renewal fee. The renewal application
26    shall contain the same required information as set  forth  in
27    paragraphs  (i)  through  (ix)  of Section 30, except that in
28    lieu of  the  firearm  education  and  use  of  deadly  force
29    training,   the  applicant  need  only  demonstrate  previous
30    issuance  of  and  continued  eligibility  for  a   concealed
31    firearms permit.
 
                            -10-     LRB093 10177 RLC 10431 b
 1        (b)  A  permittee who fails to file a renewal application
 2    on or before its expiration date must pay an additional  late
 3    fee  of  $25.  A  person  who  fails  to  renew  his  or  her
 4    application within 6 months after its expiration must reapply
 5    for a new permit and pay the fee for a new application.

 6        Section 60.  Change of address, change of name or lost or
 7    destroyed permits.
 8        (a)  Within  30  days  after  the changing of a permanent
 9    residence, or within 30 days after loss or destruction  of  a
10    concealed    firearms  permit, the permittee shall notify the
11    Department of State Police of the loss,  destruction,  change
12    of  name,  or  change  of  residence.  Failure  to notify the
13    Department of State Police  shall  constitute  a  noncriminal
14    violation  with a penalty of $25 payable to the Department of
15    State Police.
16        (b)  If a person issued a permit  to  carry  a  concealed
17    firearm  changes  residence within this State, or changes his
18    or her name, the person to whom the  permit  was  issued  may
19    upon  payment of $25 to the Department of State Police obtain
20    a corrected  concealed  firearms  permit  with  a  change  of
21    address  or  change  of  name  upon  furnishing  a  notarized
22    statement   to  the  Department  of  State  Police  that  the
23    permittee has changed residence, or his or her name and  upon
24    submission  of  an application as set forth in Section 25 and
25    photograph as set forth in paragraph (ii) of  Section  30  of
26    this  Act. A concealed firearms permit shall be automatically
27    invalid after 30 days if the permittee has not  notified  the
28    Department of State Police of a change of residence.
29        (c)  If  a permit to carry a concealed firearm is lost or
30    destroyed, the permit shall be automatically invalid, and the
31    person to whom the permit was issued may upon payment of  $25
32    to  the  Department  of  State Police obtain a duplicate, and
33    upon furnishing a notarized statement to  the  Department  of
 
                            -11-     LRB093 10177 RLC 10431 b
 1    State  Police  that  the  permit  was  lost or destroyed, and
 2    submission of an application as set forth in Section  25  and
 3    photograph  as  set  forth in paragraph (ii) of Section 30 of
 4    this Act.

 5        Section 65.  Reciprocity.  A person  who  holds  a  valid
 6    permit  or  license  issued  by  another  state of the United
 7    States whose home state permits Illinois residents to  obtain
 8    a  permit  or  license  to  carry a concealed firearm in that
 9    state may apply directly to the Department  of  State  Police
10    for  a  permit  to carry a concealed firearm in Illinois. The
11    Department of State Police  shall  take  whatever  steps  are
12    necessary  to  verify  that  the  person applying has a valid
13    permit or license to carry a concealed firearm issued by  his
14    or her home state.

15        Section 70.  Concealed firearms permit.
16        (a)  A  concealed  firearm  permit  shall  authorize  the
17    person  in whose name the permit is issued to carry concealed
18    firearms on or about his or her person or vehicle  throughout
19    the  State.   No  permit  issued  under  this  Section  shall
20    authorize  any  person  to  carry a concealed firearm into or
21    upon:
22             (i)  Any police, sheriff, or highway  patrol  office
23        or   station   without  the  consent  of  the  chief  law
24        enforcement officer in charge of that office or station.
25             (ii)  The  facility  of  any   adult   or   juvenile
26        detention or correctional institution, prison, or jail.
27             (iii)  Any   courthouse,   solely  occupied  by  the
28        Circuit, Appellate, or Supreme Court or  a  courtroom  of
29        any  of  those  courts,  or court proceeding, except that
30        nothing in this Section shall preclude a judge, holding a
31        concealed firearm permit,  from  carrying  a    concealed
32        firearm within a courthouse.
 
                            -12-     LRB093 10177 RLC 10431 b
 1             (iv)  Any meeting of the governing body of a unit of
 2        local  government; or any meeting of the General Assembly
 3        or a committee  of  the  General  Assembly,  except  that
 4        nothing  in  this  Section shall preclude a member of the
 5        body holding a concealed firearms permit from carrying  a
 6        concealed  firearm  at  a meeting of the body which he or
 7        she is a member.
 8             (v)  The   General   Assembly   or   a   county   or
 9        municipality may by  statute  or  ordinance  prohibit  or
10        limit  the  carrying  of  concealed  firearms  by  permit
11        holders  in  that  portion of a building owned, leased or
12        controlled by that unit of government. That portion of  a
13        building  in  which the carrying of concealed firearms is
14        prohibited or limited  shall  be  clearly  identified  by
15        signs  posted at the entrance to the restricted area. The
16        statute or ordinance shall exempt any building  used  for
17        public  housing  by  private  persons,  highways  or rest
18        areas,  firing  ranges,  and  private  dwellings   owned,
19        leased, or controlled by that unit of government from any
20        restriction  on  the carrying or possession of a firearm.
21        The statute or ordinance shall not specify  any  criminal
22        penalty  for  its  violation but may specify that persons
23        violating the statute or ordinance may be denied entrance
24        to the building, ordered to leave the building and if the
25        employees of the unit  of  government,  be  subjected  to
26        disciplinary  measures for violation of the provisions of
27        the statute or ordinance. The provisions of this  Section
28        shall not apply to any other unit of government.
29             (vi)  Any  portion  of  an establishment licensed to
30        dispense beer or alcoholic beverages for  consumption  on
31        the  premises,  which  portion  of  the  establishment is
32        primarily devoted to that purpose.
33             This paragraph (vi) does not apply to any bona  fide
34        restaurant  open  to  the  general  public  having dining
 
                            -13-     LRB093 10177 RLC 10431 b
 1        facilities   for  not  less  than  50  persons  and  that
 2        receives at least 50% of its gross annual income from the
 3        dining facilities by the sale of food.
 4             (vii)  Any  area  of  an  airport to which access is
 5        controlled by the inspection of persons and property.
 6             (viii)  Any place where the carrying of a firearm is
 7        prohibited by federal law.
 8             (ix)  Any elementary or  secondary  school  facility
 9        without the consent of school authorities.
10             (x)  Any  portion of a building used as a child care
11        facility without the consent of the manager.  Nothing  in
12        this  Section  shall prevent the operator of a child care
13        facility in a family home from  owning  or  possessing  a
14        firearm or permit.
15             (xi)  A riverboat gambling operation or horse racing
16        facility accessible by the public.
17             (xii)  Any gated area of an amusement park.
18             (xiii)  Any   stadium,   arena   or   collegiate  or
19        professional sporting event.
20             (xiv)  A church or other place of religious worship.
21        A  violation  of  this  subsection  (a)  is  a  Class   A
22    misdemeanor.
23        A   concealed  firearm  permit  does  not  authorize  the
24    concealed carrying or transportation of a stun gun or taser.
25        (b)  The owner, business or commercial lessee, manager of
26    a private business enterprise,  or  any  other  organization,
27    entity,  or  person may prohibit persons holding a permit for
28    concealed firearms from carrying concealed  firearms  on  the
29    premises  and  may  prohibit employees, not authorized by the
30    employer,  holding  a  permit  for  concealed  firearms  from
31    carrying concealed firearms on the property of the  employer.
32    If  the  building or the premises are open to the public, the
33    employer of the business enterprise shall post  signs  on  or
34    about  the  premises  if  carrying  a  concealed  firearm  is
 
                            -14-     LRB093 10177 RLC 10431 b
 1    prohibited.   Possession  of  a  firearm  in a vehicle on the
 2    premises shall not be a  criminal  offense  so  long  as  the
 3    firearm  is  not removed from the vehicle or brandished while
 4    the vehicle is on the premises.   An  employer  may  prohibit
 5    employees  or  other persons holding a permit for a concealed
 6    firearm from carrying a concealed firearm in  vehicles  owned
 7    by  the  employer.   Carrying  of  a  concealed  firearm in a
 8    location specified in this  subsection  by  a  permit  holder
 9    shall  not  be  a  criminal act but may subject the person to
10    denial to the premises or removal from the premises.

11        Section 75.  Immunity of Department,  sheriff,  municipal
12    police  department,  and  their  employees  and  agents.  The
13    Department  of State Police, office of the county sheriff, or
14    municipal police department or any employee or agent  of  the
15    Department  of  State  Police,  county  sheriff, or municipal
16    police department, shall not be liable  for  damages  in  any
17    civil  action  arising  from  alleged  wrongful  or  improper
18    granting, renewing, or failure to revoke permits issued under
19    this  Act.  The  office  of  the  county sheriff or municipal
20    police department or any employee or agent of the  office  of
21    the  county  sheriff or municipal police department shall not
22    be liable for submitting specific and articulable reasons why
23    an applicant should be denied a permit.

24        Section 85.  Fees. Fees  collected  under  this  Act  and
25    deposited into the Citizen Safety and Self-Defense Trust Fund
26    shall  be  used exclusively for administrating the provisions
27    of this Act; except that, commencing  January  1,  2004,  any
28    excess  monies  in  the Fund may be used to ensure the prompt
29    and  efficient  processing  of  applications  received  under
30    Section 30 of this Act.
31        (i)  Fees for a concealed firearms permit shall be:
32        New permit..$100
 
                            -15-     LRB093 10177 RLC 10431 b
 1        Renewal..$75
 2        Duplicate due to lost or destroyed..$25
 3        Corrected permit due to change of address or name..$25
 4        Late renewal fee..$25
 5        (ii)  The Secretary of State shall conduct  a  study,  to
 6    determine  the  cost  and feasibility of creating a method of
 7    adding an identifiable code, background, or  other  means  to
 8    show  that  an individual has been issued a permit to carry a
 9    concealed firearm by the Department of State  Police  on  the
10    person's  driver's  license.  By  March  1  of each year, the
11    Department of State Police shall submit a statistical  report
12    to  the Governor, the President of the Senate and the Speaker
13    of the House of Representatives,  indicating  the  number  of
14    permits  issued,  revoked, suspended, denied and issued after
15    appeal since the last report and in total and also the number
16    of permits currently valid. The report shall also include the
17    number of arrests, convictions and types of crimes since  the
18    last   report  by  individuals  issued  permits  to  carry  a
19    concealed firearm.

20        Section 90.  Applicant training.
21        (a)  The  applicant  training   course   shall   be   the
22    standardized  training course furnished by the Department and
23    taught by a qualified firearms instructor, consisting of:
24             (1)  Twelve hours of classroom instruction, covering
25        at least the following topics:
26                  (i)  handgun safety in the classroom, at  home,
27             on the firing range or while carrying the firearm;
28                  (ii)  the basic principles of marksmanship;
29                  (iii)  care and cleaning of handguns; and
30                  (iv)  by  means  of  a  videotape  produced  or
31             approved by the Department:
32                       (A)  the   requirements  for  obtaining  a
33                  concealed firearms permit in this State;
 
                            -16-     LRB093 10177 RLC 10431 b
 1                       (B)  laws   relating   to   firearms    as
 2                  prescribed in the Firearm Owners Identification
 3                  Card  Act,  Article  24 of the Criminal Code of
 4                  1961, and 18 U.S.C. 921 through 930;
 5                       (C)  laws relating to the justifiable  use
 6                  of  force  as  prescribed  in  Article 7 of the
 7                  Criminal Code of 1961.
 8             (2)  live firing exercises  of  sufficient  duration
 9        for each applicant to fire a handgun:
10                  (i)  from a standing position;
11                  (ii)  a minimum of 20 rounds;
12                  (iii)  at  a  distance  from  a B-21 silhouette
13             target,  or  an  equivalent  as  approved   by   the
14             Department, of 7 yards.
15        (b)  The  classroom  portion of the course may be, at the
16    qualified  firearms  instructor's  discretion,  divided  into
17    segments of not less than 2 hours each.
18        (c)  (1) An applicant training course shall not  be  open
19        to persons who are less than 21 years of age.
20             (2)  An  applicant  training  course  students shall
21        complete a course application form, which shall include a
22        statement acknowledging receipt of  copies  of  pertinent
23        statutory  provisions listed in clauses (A), (B), and (C)
24        of subparagraph (iv) of paragraph (1) of  subsection  (a)
25        and a liability waiver.
26             (3)  The  course  application  form  may be obtained
27        from the qualified firearms instructor at the time of the
28        course.
29        (d)  Qualified firearms instructors shall not discuss the
30    content of the video tape or the  content  of  the  statutory
31    provisions   listed   in   clauses   (A),  (B),  and  (C)  of
32    subparagraph (iv) of paragraph (1)  of  subsection  (a)  with
33    students, either individually or as a class.
34        (e)  At  the  conclusion  of the classroom portion of the
 
                            -17-     LRB093 10177 RLC 10431 b
 1    applicant training course, the qualified firearms  instructor
 2    shall:
 3             (1)  distribute a standard course examination to the
 4        students;
 5             (2)  not  leave the room in which the examination is
 6        being held while the examination is in progress;
 7             (3)  collect examination booklets and answer  sheets
 8        from each student at the end of the examination period;
 9             (4)  not  grade  the examinations in the presence of
10        students; and
11             (5)  not divulge an applicant's numeric score on the
12        day of the  examination,  but  may  indicate  whether  an
13        applicant passed or failed the examination.
14        (f)  A person shall not:
15             (1)  Make  an  unauthorized  copy  of  the applicant
16        training course examination, in whole or in part;
17             (2)  Possess   the   applicant    training    course
18        examination,  or  questions  from the examination, unless
19        authorized by the Department; or
20             (3)  Divulge the contents of an  applicant  training
21        course examination questions to another person.
22        (g) (1)  Students   shall   provide   their   own   safe,
23        functional handgun and factory-loaded ammunition.
24             (2)  Prior to conducting range firing, the certified
25        firearms instructor shall:
26                  (i)  inspect each applicant's firearm; and
27                  (ii)  not allow the firing of a handgun that is
28             not  in  sound mechanical condition or otherwise may
29             pose a safety hazard.
30        (h)  Grades of "passing" shall not be given on range work
31    to an applicant who:
32             (1)  does not follow the  orders  of  the  certified
33        firearms instructor;
34             (2)  in  the  judgment  of  the  certified  firearms
 
                            -18-     LRB093 10177 RLC 10431 b
 1        instructor,  handles  a  firearm in a manner that poses a
 2        danger to the applicant or to others; or
 3             (3)  during the testing portion of  the  range  work
 4        fails  to hit the silhouette portion of the target with a
 5        majority of 20 rounds.
 6        (i)  Certified firearms instructors shall:
 7             (1)  allow monitoring of their classes by  officials
 8        of any certifying agency;
 9             (2)  make  all  course records available upon demand
10        to authorized personnel of the Department; and
11             (3)  not divulge course records except as authorized
12        by the certifying agency.
13        (j) (1)  Fees for applicant training  courses  shall  not
14    exceed $75 per student.
15             (2)  Qualified  firearms  instructors  shall collect
16        the fee and remit $25 of the fee to the Department.
17             (3)  Fees shall not be refunded to students who fail
18        or otherwise do not complete the course.
19        (k)  An applicant training course  shall  not  have  more
20    than  40  students  in  the  classroom portion or more than 5
21    students per range officer engaged in range firing.
22        (l)  Within 3 working days after the  completion  of  the
23    course, the certified firearms instructor shall:
24             (1)  grade the examinations and
25             (2)  mail to the Department:
26                            (i)  the completed course application
27                       form,  showing  the student's score on the
28                       written examination and indicating whether
29                       the student passed  or  failed  the  range
30                       work, and
31                            (ii)  the graded examinations.
32        (m)  Within   15  days  after  receipt  of  the  material
33    described in section (1), the Department shall  mail  to  the
34    applicant:
 
                            -19-     LRB093 10177 RLC 10431 b
 1             (i)  A  certificate of successful course completion;
 2        or
 3             (ii)  Notification that the applicant has failed the
 4        course and will not be certified.
 5        (n)  A  student  shall  be  issued   a   certificate   of
 6    completion if he or she:
 7             (i)  answers at least 70% of the written examination
 8        questions correctly; and
 9             (ii)  achieves  a  grade  of  "passing" on the range
10        work.
11        (o)  (i)  Students who score below  70%  on  the  written
12    examination  may  retake  the  examination  one  time without
13    having to retake the course.
14             (ii)  Students  who  do  not  achieve  a  grade   of
15        "passing" on the range work may repeat the range work one
16        time without having to retake the course.
17             (iii)  Notices  of  failure will include information
18        on whether the student failed the written exam, the range
19        firing, or both.

20        Section 95.  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
28    shall 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
 
                            -20-     LRB093 10177 RLC 10431 b
 1        Section 25.
 2        (e)  Persons wishing to become  instructor  trainers,  in
 3    addition  to  the  requirements  of  subsection  (d)  of this
 4    Section, shall:
 5             (1)  possess  a   high   school   diploma   or   GED
 6        certificate,
 7             (2)  have  at  least  one  of  the  following  valid
 8        firearms instructor certifications:
 9                  (I)  National    Rifle   Association   Personal
10             Protection Instructor;
11                  (II)  National   Rifle    Association    Pistol
12             Marksmanship Instructor;
13                  (III)  Certification     from     a    firearms
14             instructor's course offered by a  State  or  federal
15             governmental agency; or
16                  (IV)  A  similar firearms instructor qualifying
17             course, approved the Director of State Police or his
18             or her designee.
19        (f)  (1)  Applicants shall agree to background checks.
20             (2)  An applicant may be  disqualified  from  taking
21        firearms   instructor   training,  or  have  his  or  her
22        instructor qualification revoked if the applicant:
23                  (A)  does not meet the requirements of this Act
24             to possess a concealed firearms permit;
25                  (B)  provides false or  misleading  information
26             on the application; or
27                  (C)  has  had  a prior instructor qualification
28             revoked by the Department.
29        (g)  The training course to certify firearms  instructors
30    and instructor trainers shall include:
31             (1)  Sixteen hours of classroom instruction covering
32        at least the following topics:
33                  (i)  By   means  of  a  videotape  produced  or
34        approved by the Department:
 
                            -21-     LRB093 10177 RLC 10431 b
 1                  (A)  the requirements for obtaining a concealed
 2             firearms permit in this State;
 3                  (B)  laws relating to firearms as contained  in
 4             the  Firearm Owners Identification Card Act, Article
 5             24 of the Criminal Code of 1961, and 18  U.S.C.  921
 6             through 930.
 7                  (C)  laws  relating  to  the justifiable use of
 8             force as contained in Article 7 of the Criminal Code
 9             of 1961;
10                  (D)  the conduct of applicant training courses;
11                  (E)  record-keeping requirements of this Act;
12                  (F)  the basic nomenclature of handguns;
13                  (G)  the basic principles of marksmanship; and
14                  (H)  the safe handling of handguns.
15             (2)  A classroom  demonstration,  during  which  the
16        instructor  candidate  shall  receive  instruction on and
17        demonstrate competency in  the  ability  to  prepare  and
18        deliver a classroom presentation using materials from the
19        applicant curriculum.
20             (3)  Range    instruction   and   firing   of   live
21        ammunition, during which the instructor  candidate  shall
22        receive  instruction on and demonstrate competency in the
23        ability to:
24                  (i)  handle  and  fire  a  handgun  safely  and
25             accurately;
26                  (ii)  conduct  a  function  test   and   safety
27             inspection of common types of handguns;
28                  (iii)  clean common types of handguns; and
29                  (iv)  supervise   and   conduct   live   firing
30             exercises in a safe and efficient manner.
31        (h)  To  qualify  as  a  certified firearms instructor or
32    instructor trainer, instructor candidates shall achieve:
33             (1)  A minimum score of 70% on a written examination
34        covering the material taught during the classroom portion
 
                            -22-     LRB093 10177 RLC 10431 b
 1        of the course;
 2             (2)  A minimum score of 80% on  range  firing  of  a
 3        handgun from the standing position while aiming at a B-21
 4        PC  silhouette target or an equivalent as approved by the
 5        Department, with a minimum of:
 6                       (i)  ten rounds from 7 yards; and
 7                       (ii)  ten rounds from 15 yards; and
 8                       (iii)  a  score  of  "passing"  from   the
 9                  course  instructor for demonstrating competency
10                  in each of the following:
11                  (A)  Supervising and conducting live fire;
12                  (B)  Cleaning and inspecting handguns; and
13                  (C)  Preparing  and  delivering  the  classroom
14             lecture.
15        (i)  Instructor candidates who fail to meet  the  minimum
16    requirements of subsection (h) of this Section may retake the
17    examination,  range work, or classroom demonstration one time
18    without having to repeat the course.
19        (j)  Qualified firearms instructor and instructor trainer
20    certificates shall be valid for 3 years from date  of  issue.
21    Qualified  firearms  instructors  or  instructor trainers may
22    renew  their  certification  by  successfully  completing   a
23    refresher course offered or approved by the Department.
24        (k)  The fees for instructor trainer or refresher courses
25    shall be $100 per student.
26             (1)  The fees for qualified instructor courses shall
27        be no more than $100 per student.  The instructor trainer
28        shall remit $50 per student to the Department.
29             (2)  Fees  shall not be refunded to those who do not
30        pass or otherwise fail to complete a course.
31        (l)  Course participants shall provide  their  own  safe,
32    functional handgun and factory-loaded ammunition.
33        (m)  Prior   to   conducting  range  firing,  the  course
34    instructor shall:
 
                            -23-     LRB093 10177 RLC 10431 b
 1             (i)  inspect each applicant's firearm; and
 2             (ii)  not allow the firing of a handgun which is not
 3        in sound mechanical condition or  otherwise  may  pose  a
 4        safety hazard.

 5        Section  100.  Severability.  The  provisions of this Act
 6    are severable under Section 1.31 of the Statute on Statutes.

 7        Section 905.  The Firearm Owners Identification Card  Act
 8    is amended by changing Section 13.1 as follows:

 9        (430 ILCS 65/13.1) (from Ch. 38, par. 83-13.1)
10        Sec. 13.1. The provisions of any ordinance enacted by any
11    municipality  which  requires registration or imposes greater
12    restrictions or limitations on  the  acquisition,  possession
13    and  transfer  of  firearms than are imposed by this Act, are
14    not invalidated or affected  by  this  Act,  except  that  an
15    ordinance  of  a  unit  of local government, including a home
16    rule unit, is invalid if it is inconsistent with  the  Family
17    and  Personal Protection Act. It is declared to be the policy
18    of this State that the  regulation  of  the  right  to  carry
19    concealed  firearms is an exclusive power and function of the
20    State. A home rule unit may  not  regulate  the  issuance  of
21    permits  to  carry  concealed  firearms.  This  Section  is a
22    denial and limitation of home rule powers and functions under
23    subsection (h) of Section 6 of Article VII  of  the  Illinois
24    Constitution.
25    (Source: P.A. 76-1939.)

26        Section  910.   The  Criminal  Code of 1961 is amended by
27    changing Section 24-2 as follows:

28        (720 ILCS 5/24-2) (from Ch. 38, par. 24-2)
29        Sec. 24-2.  Exemptions.
 
                            -24-     LRB093 10177 RLC 10431 b
 1        (a)  Subsections 24-1(a)(3), 24-1(a)(4)  and  24-1(a)(10)
 2    and  Section  24-1.6  do  not  apply  to or affect any of the
 3    following:
 4             (1)  Peace officers, and any person  summoned  by  a
 5        peace  officer  to assist in making arrests or preserving
 6        the peace,  while  actually  engaged  in  assisting  such
 7        officer.
 8             (2)  Wardens,   superintendents   and   keepers   of
 9        prisons, penitentiaries, jails and other institutions for
10        the  detention  of  persons  accused  or  convicted of an
11        offense, while in the performance of their official duty,
12        or while commuting between  their  homes  and  places  of
13        employment.
14             (3)  Members of the Armed Services or Reserve Forces
15        of  the  United  States or the Illinois National Guard or
16        the  Reserve  Officers  Training  Corps,  while  in   the
17        performance of their official duty.
18             (4)  Special  agents  employed  by  a  railroad or a
19        public utility to perform police functions, and guards of
20        armored car companies,  while  actually  engaged  in  the
21        performance   of   the  duties  of  their  employment  or
22        commuting between their homes and places  of  employment;
23        and watchmen while actually engaged in the performance of
24        the duties of their employment.
25             (5)  Persons    licensed    as    private   security
26        contractors,  private  detectives,   or   private   alarm
27        contractors,  or  employed  by an agency certified by the
28        Department of Professional Regulation,  if  their  duties
29        include  the carrying of a weapon under the provisions of
30        the  Private  Detective,  Private  Alarm,   and   Private
31        Security  Act  of  1983,  while  actually  engaged in the
32        performance  of  the  duties  of  their   employment   or
33        commuting  between  their homes and places of employment,
34        provided that such commuting is accomplished  within  one
 
                            -25-     LRB093 10177 RLC 10431 b
 1        hour  from departure from home or place of employment, as
 2        the case may be.  Persons exempted under this subdivision
 3        (a)(5) shall be required to have completed  a  course  of
 4        study  in  firearms  handling  and  training approved and
 5        supervised by the Department of  Professional  Regulation
 6        as  prescribed  by  Section  28 of the Private Detective,
 7        Private Alarm, and Private Security Act of 1983, prior to
 8        becoming eligible for this exemption.  The Department  of
 9        Professional    Regulation    shall    provide   suitable
10        documentation demonstrating the successful completion  of
11        the  prescribed  firearms  training.   Such documentation
12        shall be carried at all times when such  persons  are  in
13        possession of a concealable weapon.
14             (6)  Any  person  regularly employed in a commercial
15        or industrial operation  as  a  security  guard  for  the
16        protection  of  persons  employed  and  private  property
17        related to such commercial or industrial operation, while
18        actually engaged in the performance of his or her duty or
19        traveling  between  sites  or properties belonging to the
20        employer, and who, as a security guard, is a member of  a
21        security  force of at least 5 persons registered with the
22        Department of Professional Regulation; provided that such
23        security guard has successfully  completed  a  course  of
24        study,  approved  by  and supervised by the Department of
25        Professional Regulation, consisting of not less  than  40
26        hours  of  training  that  includes  the  theory  of  law
27        enforcement,  liability  for  acts,  and  the handling of
28        weapons.  A person shall be considered eligible for  this
29        exemption  if  he  or  she  has completed the required 20
30        hours of training for a security officer and 20 hours  of
31        required  firearm training, and has been issued a firearm
32        authorization card  by  the  Department  of  Professional
33        Regulation.    Conditions  for  the  renewal  of  firearm
34        authorization cards issued under the provisions  of  this
 
                            -26-     LRB093 10177 RLC 10431 b
 1        Section shall be the same as for those cards issued under
 2        the  provisions  of  the Private Detective, Private Alarm
 3        and  Private  Security  Act  of   1983.    Such   firearm
 4        authorization card shall be carried by the security guard
 5        at  all  times  when  he  or  she  is  in possession of a
 6        concealable weapon.
 7             (7)  Agents  and  investigators  of   the   Illinois
 8        Legislative  Investigating  Commission  authorized by the
 9        Commission to carry the weapons specified in  subsections
10        24-1(a)(3) and 24-1(a)(4), while on duty in the course of
11        any investigation for the Commission.
12             (8)  Persons employed by a financial institution for
13        the protection of other employees and property related to
14        such financial institution, while actually engaged in the
15        performance  of  their  duties,  commuting  between their
16        homes and places  of  employment,  or  traveling  between
17        sites  or  properties owned or operated by such financial
18        institution, provided that any  person  so  employed  has
19        successfully completed a course of study, approved by and
20        supervised  by the Department of Professional Regulation,
21        consisting of not less than 40 hours  of  training  which
22        includes  theory  of law enforcement, liability for acts,
23        and the handling of weapons. A person shall be considered
24        to be eligible for  this  exemption  if  he  or  she  has
25        completed  the  required  20  hours  of  training  for  a
26        security   officer  and  20  hours  of  required  firearm
27        training, and has been  issued  a  firearm  authorization
28        card   by  the  Department  of  Professional  Regulation.
29        Conditions for renewal  of  firearm  authorization  cards
30        issued  under the provisions of this Section shall be the
31        same as for those issued  under  the  provisions  of  the
32        Private Detective, Private Alarm and Private Security Act
33        of  1983.   Such  firearm  authorization  card  shall  be
34        carried  by  the person so trained at all times when such
 
                            -27-     LRB093 10177 RLC 10431 b
 1        person is in possession of  a  concealable  weapon.   For
 2        purposes  of  this  subsection,  "financial  institution"
 3        means  a bank, savings and loan association, credit union
 4        or company providing armored car services.
 5             (9)  Any person employed by an armored  car  company
 6        to  drive  an  armored car, while actually engaged in the
 7        performance of his duties.
 8             (10)  Persons who  have  been  classified  as  peace
 9        officers pursuant to the Peace Officer Fire Investigation
10        Act.
11             (11)  Investigators  of  the  Office  of the State's
12        Attorneys Appellate Prosecutor authorized by the board of
13        governors  of  the  Office  of  the   State's   Attorneys
14        Appellate Prosecutor to carry weapons pursuant to Section
15        7.06 of the State's Attorneys Appellate Prosecutor's Act.
16             (12)  Special  investigators  appointed by a State's
17        Attorney under Section 3-9005 of the Counties Code.
18             (13)  Court   Security   Officers   while   in   the
19        performance of their official duties, or while  commuting
20        between  their  homes  and places of employment, with the
21        consent of the Sheriff.
22             (13.5)  A person employed as an armed security guard
23        at a nuclear energy, storage, weapons or development site
24        or  facility  regulated   by   the   Nuclear   Regulatory
25        Commission who has completed the background screening and
26        training  mandated  by  the  rules and regulations of the
27        Nuclear Regulatory Commission.
28             (14)  Manufacture,  transportation,   or   sale   of
29        weapons  to  persons  authorized  under  subdivisions (1)
30        through  (13.5)  of  this  subsection  to  possess  those
31        weapons.
32        (b)  Subsections 24-1(a)(4) and 24-1(a)(10)  and  Section
33    24-1.6 do not apply to or affect any of the following:
34             (1)  Members  of  any club or organization organized
 
                            -28-     LRB093 10177 RLC 10431 b
 1        for the purpose of practicing shooting  at  targets  upon
 2        established target ranges, whether public or private, and
 3        patrons of such ranges, while such members or patrons are
 4        using their firearms on those target ranges.
 5             (2)  Duly authorized military or civil organizations
 6        while  parading,  with  the  special  permission  of  the
 7        Governor.
 8             (3)  Hunters,  trappers  or fishermen with a license
 9        or permit while engaged in hunting, trapping or fishing.
10             (4)  Transportation of weapons that are broken  down
11        in   a  non-functioning  state  or  are  not  immediately
12        accessible.
13             (5)  Carrying a concealed firearm by a permittee who
14        has been issued a permit to  carry  a  concealed  firearm
15        under the Family and Personal Protection Act.
16        (c)  Subsection  24-1(a)(7)  does  not apply to or affect
17    any of the following:
18             (1)  Peace officers while in  performance  of  their
19        official duties.
20             (2)  Wardens,   superintendents   and   keepers   of
21        prisons, penitentiaries, jails and other institutions for
22        the  detention  of  persons  accused  or  convicted of an
23        offense.
24             (3)  Members of the Armed Services or Reserve Forces
25        of the United States  or  the  Illinois  National  Guard,
26        while in the performance of their official duty.
27             (4)  Manufacture, transportation, or sale of machine
28        guns to persons authorized under subdivisions (1) through
29        (3)  of  this  subsection to possess machine guns, if the
30        machine guns are broken down in a  non-functioning  state
31        or are not immediately accessible.
32             (5)  Persons   licensed   under   federal   law   to
33        manufacture  any  weapon  from  which  8 or more shots or
34        bullets can be discharged by a  single  function  of  the
 
                            -29-     LRB093 10177 RLC 10431 b
 1        firing  device,  or  ammunition  for  such  weapons,  and
 2        actually  engaged  in  the business of manufacturing such
 3        weapons  or  ammunition,  but  only   with   respect   to
 4        activities  which  are  within  the  lawful scope of such
 5        business, such as  the  manufacture,  transportation,  or
 6        testing  of  such  weapons or ammunition.  This exemption
 7        does not authorize the general private possession of  any
 8        weapon  from  which  8  or  more  shots or bullets can be
 9        discharged by a single function of the firing device, but
10        only such possession and activities  as  are  within  the
11        lawful   scope   of  a  licensed  manufacturing  business
12        described in this paragraph.
13             During transportation, such weapons shall be  broken
14        down  in  a  non-functioning  state  or  not  immediately
15        accessible.
16             (6)  The  manufacture, transport, testing, delivery,
17        transfer  or  sale,  and   all   lawful   commercial   or
18        experimental  activities  necessary  thereto,  of rifles,
19        shotguns, and weapons made from rifles  or  shotguns,  or
20        ammunition  for  such  rifles, shotguns or weapons, where
21        engaged in by a  person  operating  as  a  contractor  or
22        subcontractor  pursuant  to a contract or subcontract for
23        the development and  supply  of  such  rifles,  shotguns,
24        weapons  or ammunition to the United States government or
25        any branch of the Armed Forces of the United States, when
26        such activities are necessary and incident to  fulfilling
27        the terms of such contract.
28             The  exemption granted under this subdivision (c)(6)
29        shall also apply to any  authorized  agent  of  any  such
30        contractor  or  subcontractor who is operating within the
31        scope of his employment, where such activities  involving
32        such  weapon,  weapons  or  ammunition  are necessary and
33        incident to fulfilling the terms of such contract.
34             During transportation,  any  such  weapon  shall  be
 
                            -30-     LRB093 10177 RLC 10431 b
 1        broken   down   in   a   non-functioning  state,  or  not
 2        immediately accessible.
 3        (d)  Subsection  24-1(a)(1)  does  not   apply   to   the
 4    purchase,   possession   or   carrying  of  a  black-jack  or
 5    slung-shot by a peace officer.
 6        (e)  Subsection 24-1(a)(8) does not apply to  any  owner,
 7    manager or authorized employee of any place specified in that
 8    subsection nor to any law enforcement officer.
 9        (f)  Subsection 24-1(a)(4) and subsection 24-1(a)(10) and
10    Section  24-1.6  do  not  apply  to  members  of  any club or
11    organization organized for the purpose of practicing shooting
12    at targets upon established target ranges, whether public  or
13    private, while using their firearms on those target ranges.
14        (g)  Subsections  24-1(a)(11)  and  24-3.1(a)(6)  do  not
15    apply to:
16             (1)  Members of the Armed Services or Reserve Forces
17        of  the  United  States  or  the Illinois National Guard,
18        while in the performance of their official duty.
19             (2)  Bonafide  collectors  of  antique  or   surplus
20        military ordinance.
21             (3)  Laboratories  having  a  department of forensic
22        ballistics,  or  specializing  in  the   development   of
23        ammunition or explosive ordinance.
24             (4)  Commerce,  preparation,  assembly or possession
25        of  explosive  bullets  by  manufacturers  of  ammunition
26        licensed by the federal government,  in  connection  with
27        the supply of those organizations and persons exempted by
28        subdivision (g)(1) of this Section, or like organizations
29        and  persons outside this State, or the transportation of
30        explosive bullets to any organization or person  exempted
31        in this Section by a common carrier or by a vehicle owned
32        or leased by an exempted manufacturer.
33        (h)  An  information or indictment based upon a violation
34    of any subsection of  this  Article  need  not  negative  any
 
                            -31-     LRB093 10177 RLC 10431 b
 1    exemptions  contained  in  this Article.  The defendant shall
 2    have the burden of proving such an exemption.
 3        (i)  Nothing in this Article shall prohibit, apply to, or
 4    affect the transportation, carrying, or  possession,  of  any
 5    pistol  or  revolver,  stun  gun,  taser,  or  other  firearm
 6    consigned  to a common carrier operating under license of the
 7    State of Illinois  or  the  federal  government,  where  such
 8    transportation,  carrying,  or  possession is incident to the
 9    lawful  transportation  in  which  such  common  carrier   is
10    engaged;  and  nothing  in this Article shall prohibit, apply
11    to, or affect the transportation, carrying, or possession  of
12    any  pistol, revolver, stun gun, taser, or other firearm, not
13    the subject of and  regulated  by  subsection  24-1(a)(7)  or
14    subsection  24-2(c)  of  this  Article, which is unloaded and
15    enclosed in a case, firearm carrying box,  shipping  box,  or
16    other  container,  by the possessor of a valid Firearm Owners
17    Identification Card.
18    (Source: P.A. 91-287,  eff.  1-1-00;  91-690,  eff.  4-13-00;
19    92-325, eff. 8-9-01.)

20        Section  1005.   Effective  date.   This Act takes effect
21    upon becoming law.