HB2567 94TH GENERAL ASSEMBLY

LRB094 09731 RLC 39987 b

94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
HB2567

Introduced 02/18/05, by Rep. Brandon W. Phelps

SYNOPSIS AS INTRODUCED:

New Act
430 ILCS 65/13.1	from Ch. 38, par. 83-13.1
720 ILCS 5/24-2	from Ch. 38, par. 24-2

Creates the Family and Personal Protection Act. Establishes statewide uniform standards for the issuance of permits to carry concealed firearms in this State. Vests in the Department of State Police, the authority to issue concealed firearms permits to qualified applicants. Requires an applicant to complete a training course in handgun use, safety, and marksmanship. Also requires instruction in the law relating to firearm use. Requires an applicant to be at least 21 years of age. Prohibits an applicant who has been convicted of a felony or has a history of mental illness, addiction, or habitual alcohol use from obtaining a permit. Creates the Citizen Safety and Self-Defense Trust Fund administered by the Department. The moneys in the Fund shall be used to administer the Act. Establishes restrictions on carrying concealed firearms. Establishes standards for the training course and for certifying instructors. Amends the Firearm Owners Identification Card Act. Provides that the Family and Personal Protection Act supersedes an ordinance of a unit of local government inconsistent with that Act. Prohibits a home rule unit from regulating the issuance of permits to carry concealed firearms. Amends the Criminal Code of 1961. Exempts from an unlawful use of weapons and aggravated unlawful use of weapons violation, persons who carry or possess firearms in accordance with the Family and Personal Protection Act. Effective immediately.

CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT in relation to firearms.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 1. Short title. This Act may be cited as the Family and Personal Protection Act.

Section 5. Legislative declaration. The General Assembly finds that as a matter of public policy it is necessary to provide statewide uniform standards for issuing permits to carry concealed firearms and that no person who does not qualify under the provisions of this Act receives a permit to carry concealed firearms. The General Assembly recognizes that it already regulates the use and possession of concealed firearms under Sections 24-1 and 24-1.6 of the Criminal Code of 1961 and that the regulation of concealed firearms is an exclusive Statewide function. The General Assembly does not delegate to the Department of State Police the authority to regulate or restrict the issuing of concealed firearms permits provided for in this Act beyond those provisions contained in this Act.

Section 10. Definitions. As used in this Act:

"Concealed firearm" means a handgun carried on or about a person completely or mostly concealed from view of the public, or carried in a vehicle in such a way as it is concealed from view of the public.

"Department" means the Department of State Police.

"Director" means the Director of State Police.

"Fund" means the Citizen Safety and Self-Defense Trust Fund.

"Handgun" has the meaning ascribed to it in subsection (h) of Section 24-3 of the Criminal Code of 1961.

"Permit" means a permit to carry a concealed firearm issued by the Department of State Police.

"Permittee" means a person who is issued a permit to carry a concealed firearm by the Department of State Police.

Section 15. Citizen Safety and Self-Defense Trust Fund.

(a) There is created the Citizen Safety and Self-Defense Trust Fund. The Fund shall be maintained apart from the State Treasury and shall be administered by the Department. Money from federal and State sources may be deposited into the Fund. Fees from applications for new, renewal, corrected and duplicate concealed firearms permits shall be deposited into the Fund. The Department may invest the monies in the Fund, and any income on these investments shall be reinvested in the Fund.

(b) The Department shall use the moneys in the Fund exclusively for the administration of this Act.

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

Section 25. Application for permit and qualifications of applicants.

(a) An applicant for a permit shall obtain the application from the Department of State Police. If the applicant resides in a county of less than 3,000,000 inhabitants (or if the applicant resides in a county of 3,000,000 or more inhabitants but not within any municipality), the application for a permit or renewal of a permit to carry a concealed firearm shall be submitted to the office of the sheriff of the county in which the applicant resides. The completed application and all accompanying material plus an application fee of $100 for a new permit or $75 for a renewal shall be presented to the office of the sheriff of the county in which the applicant resides.

The sheriff shall transmit the application, accompanying material and any objections to the application, and application fees to the Department of State Police along with the completed application within 10 working days. Twenty dollars of the application fee shall be retained by the office of the sheriff for official expenses of the office.

The sheriff may submit specific and articulable reasons to the Department in objection to an application for a concealed firearms permit. He or she shall articulate the recommendation for denial in a written report and transmit that report to the Department of State Police along with the completed application within 10 working days. The Department of State Police shall maintain the report which shall be available to the applicant for a concealed firearms permit.

(a-5) If the applicant resides in a county of 3,000,000 or more inhabitants and within a municipality, the application for a permit or renewal of a permit to carry a concealed firearm shall be submitted to the municipal police department and the duties imposed upon the county sheriff under subsection (a) shall be imposed upon the municipal police chief of the municipality in which the applicant resides. The municipal police department shall retain $20 of the application fee for official expenses of the department.

(b) The Department of State Police, upon a person's application for a concealed firearms permit, upon receipt of the appropriate fees, and after compliance with the procedures set out in this Section, shall issue the applicant a concealed firearms permit if the person:

(i) Is at least 21 years of age;

(ii) Resides within the State of Illinois and has been a resident for the last 6 months and is a permanent resident of the United States;

(iii) Has not been convicted of a crime punishable by imprisonment for a term exceeding one year, or of a misdemeanor evidencing violence, is not free on any form of bond or pretrial release, and has no outstanding warrants for those crimes;

(iv) Has no record of mental disease or mental illness on file with the Department of State Police that would evidence incapacity, or lack of proper mental capacity;

(v) Has not been committed to a state or federal facility for the abuse of a controlled substance or cannabis or has not been convicted of a misdemeanor violation of the Illinois Controlled Substances Act or Cannabis Control Act or similar laws of any other state relating to controlled substances or cannabis within a 10 year period immediately preceding the date on which the application is submitted; and

(vi) Does not chronically and habitually use alcoholic beverages as evidenced by the applicant having 2 or more convictions for violating Section 11-501 of the Illinois Vehicle Code or similar provision of a local ordinance within 5 years preceding his or her application or if the applicant has elected treatment under the supervision of a licensed program in accordance with the Alcoholism and Other Drug Abuse and Dependency Act or similar laws of any other state within a 5 year period immediately preceding the date on which the application is submitted.

Section 30. Contents of application. The initial application shall be in writing, under oath and under the penalties of perjury, on a standard form promulgated by the Department of State Police and shall be accompanied by the appropriate fees and required documentation. The application shall contain only the following information:

(i) the applicant's name, address, gender, and date and place of birth;

(ii) a head and shoulder color photograph taken within 30 days preceding the date on which the application is submitted;

(iii) questions to certify or demonstrate the applicant has completed a firearms and deadly use of force training and education prerequisites specified under this Act;

(iv) a statement that the applicant is a resident of the State of Illinois and has been a resident for the last 6 months and is a permanent resident of the United States;

(v) a waiver of privacy and confidentiality rights and privileges enjoyed by the applicant under all federal and state laws governing access to juvenile court, criminal justice, psychological or psychiatric records, or records relating to the applicant's history of institutionalization, and an affirmative request that any person having custody of any such record provide it or information concerning it to the Department;

(vi) a conspicuous warning that false statements made by the applicant will result in prosecution for perjury in accordance with Section 32-2 of the Criminal Code of 1961;

(vii) An affirmation that the applicant is at least 21 years of age, that the applicant possesses a currently valid Illinois Firearm Owner's Identification Card, together with the card number or is applying for the card in conjunction with the concealed firearms permit application;

(viii) An affirmation that the applicant has never been convicted of any felony or of a misdemeanor involving the use or threat of physical force or violence to any person; and has never been adjudicated a delinquent minor for an offense which, had he or she been tried as an adult, would have been such a felony or misdemeanor;

(ix) The application shall also contain the following statement along with a signature line for use by the applicant, which statement the applicant shall affirm under oath "I the undersigned state, under oath and subject to the penalty of perjury, that I am not a streetgang member as defined in Section 10 of the Illinois Streetgang Terrorism Omnibus Prevention Act, and I will not join or become associated with a criminal streetgang.".

Section 35. Submission of identifying information; fee. In addition to the completed application, the applicant must also submit the following to the sheriff of the county in which the applicant resides. The sheriff shall submit the information to the Department of State Police:

(i) A head and shoulder color photograph as required by Section 30 in a size specified by the Department of State Police taken within 30 days preceding the date on which the application is submitted.

(ii) A non-refundable permit fee of $100 if he or she has not previously been issued such a permit by the Department of State Police, or a non-refundable permit fee of $75 for each renewal of a permit of which $20 shall be retained by the sheriff or, if the applicant resides within a municipality in a county of 3,000,000 or more inhabitants, by the municipal police department.

(iii) A full set of legible fingerprints administered to the applicant by the Department of State Police, or any other federal, State, county or municipal law enforcement agency. Any cost of fingerprinting shall be paid by the applicant.

(iv) A photocopy of a certificate or other evidence of completion of a course to show compliance with Section 90 of this Act.

Section 40. Approval of application.

(a) If the Department of State Police finds that the applicant possesses a valid Firearm Owner's Identification Card, meets the training requirements of this Act and has provided the documentation and paid the fees required for issuance of a concealed firearms permit, and that, as nearly as it is possible to determine, nothing in the applicant's background or present circumstances disqualify him or her from possessing a firearm in Illinois, it shall approve the application and issue the applicant a wallet sized permit bearing the photograph of the applicant within 90 days.

(b) The Department may consider any objection or recommendation made by the sheriff or municipal police department supported by specific and articulable reasons, in a written report, why the applicant should be denied a permit and may deny the permit based solely on those objections.

(c) If the applicant is found to be ineligible, the Department of State Police shall deny the application, and notify the applicant in writing, stating the grounds for denial and informing the applicant of the right to submit, within 30 days, any additional documentation relating to the grounds of the denial. Upon receiving any additional documentation, the Department of State Police shall reconsider its decision and inform the applicant within 30 days of the result of the reconsideration. The applicant shall further be informed of the right to appeal the denial in the circuit court of his or her place of residence.

(d) The Department of State Police shall maintain an automated listing of permit holders and pertinent information, and this information shall be available on-line, upon request, at all times to all Illinois law enforcement agencies. Except as provided in this subsection, information on applications for permits, names and addresses, or other identifying information relating to permit holders shall be confidential and shall not be made available except to law enforcement agencies. Requests for information about any permit holder made by persons other than a bona fide law enforcement agency shall be made to the Department of State Police together with any fee required for the providing of information. The Department of State Police shall, upon proper application and the payment of the required fee, provide to the requester in written form only, a list of names of any or all holders in the State of Illinois licensed to carry a concealed firearm. No identifying information other than the name shall be provided, and information for geographic areas or other subdivisions of any type from the list shall not be provided, except to a bona fide law enforcement agency, and shall be confidential. No requests for lists of local or statewide permit holders shall be made to any state or local law enforcement agency. No other agency of government other than the Department of State Police shall provide any information to a requester not entitled to it by law. The names of all persons, other than law enforcement agencies and peace officers, requesting information under this Section shall be public records.

Section 45. Revocation of a permit.

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

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

Section 55. Renewal of permit.

(a) The permit shall be renewed for a qualified applicant upon receipt of the properly completed renewal application and required renewal fee. The renewal application shall contain the same required information as set forth in paragraphs (i) through (ix) of Section 30, except that in lieu of the firearm education and use of deadly force training, the applicant need only demonstrate previous issuance of and continued eligibility for a concealed firearms permit.

(b) A permittee who fails to file a renewal application on or before its expiration date must pay an additional late fee of $25. A person who fails to renew his or her application within 6 months after its expiration must reapply for a new permit and pay the fee for a new application.

Section 60. Change of address, change of name or lost or destroyed permits.

(a) Within 30 days after the changing of a permanent residence, or within 30 days after loss or destruction of a concealed firearms permit, the permittee shall notify the Department of State Police of the loss, destruction, change of name, or change of residence. Failure to notify the Department of State Police shall constitute a noncriminal violation with a penalty of $25 payable to the Department of State Police.

(b) If a person issued a permit to carry a concealed firearm changes residence within this State, or changes his or her name, the person to whom the permit was issued may upon payment of $25 to the Department of State Police obtain a corrected concealed firearms permit with a change of address or change of name upon furnishing a notarized statement to the Department of State Police that the permittee has changed residence, or his or her name and upon submission of an application as set forth in Section 25 and photograph as set forth in paragraph (ii) of Section 30 of this Act. A concealed firearms permit shall be automatically invalid after 30 days if the permittee has not notified the Department of State Police of a change of residence.

(c) If a permit to carry a concealed firearm is lost or destroyed, the permit shall be automatically invalid, and the person to whom the permit was issued may upon payment of $25 to the Department of State Police obtain a duplicate, and upon furnishing a notarized statement to the Department of State Police that the permit was lost or destroyed, and submission of an application as set forth in Section 25 and photograph as set forth in paragraph (ii) of Section 30 of this Act.

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

Section 70. Concealed firearms permit.

(a) A concealed firearm permit shall authorize the person in whose name the permit is issued to carry concealed firearms on or about his or her person or vehicle throughout the State. No permit issued under this Section shall authorize any person to carry a concealed firearm into or upon:

(i) Any police, sheriff, or highway patrol office or station without the consent of the chief law enforcement officer in charge of that office or station.

(ii) The facility of any adult or juvenile detention or correctional institution, prison, or jail.

(iii) Any courthouse, solely occupied by the Circuit, Appellate, or Supreme Court or a courtroom of any of those courts, or court proceeding, except that nothing in this Section shall preclude a judge, holding a concealed firearm permit, from carrying a concealed firearm within a courthouse.

(iv) Any meeting of the governing body of a unit of local government; or any meeting of the General Assembly or a committee of the General Assembly, except that nothing in this Section shall preclude a member of the body holding a concealed firearms permit from carrying a concealed firearm at a meeting of the body which he or she is a member.

(v) The General Assembly or a county or municipality may by statute or ordinance prohibit or limit the carrying of concealed firearms by permit holders in that portion of a building owned, leased or controlled by that unit of government. That portion of a building in which the carrying of concealed firearms is prohibited or limited shall be clearly identified by signs posted at the entrance to the restricted area. The statute or ordinance shall exempt any building used for public housing by private persons, highways or rest areas, firing ranges, and private dwellings owned, leased, or controlled by that unit of government from any restriction on the carrying or possession of a firearm. The statute or ordinance shall not specify any criminal penalty for its violation but may specify that persons violating the statute or ordinance may be denied entrance to the building, ordered to leave the building and if the employees of the unit of government, be subjected to disciplinary measures for violation of the provisions of the statute or ordinance. The provisions of this Section shall not apply to any other unit of government.

(vi) Any portion of an establishment licensed to dispense beer or alcoholic beverages for consumption on the premises, which portion of the establishment is primarily devoted to that purpose.

This paragraph (vi) does not apply to any bona fide restaurant open to the general public having dining facilities for not less than 50 persons and that receives at least 50% of its gross annual income from the dining facilities by the sale of food.

(vii) Any area of an airport to which access is controlled by the inspection of persons and property.

(viii) Any place where the carrying of a firearm is prohibited by federal law.

(ix) Any elementary or secondary school facility without the consent of school authorities.

(x) Any portion of a building used as a child care facility without the consent of the manager. Nothing in this Section shall prevent the operator of a child care facility in a family home from owning or possessing a firearm or permit.

(xi) A riverboat gambling operation or horse racing facility accessible by the public.

(xii) Any gated area of an amusement park.

(xiii) Any stadium, arena or collegiate or professional sporting event.

(xiv) A church or other place of religious worship.

A violation of this subsection (a) is a Class A misdemeanor.

A concealed firearm permit does not authorize the concealed carrying or transportation of a stun gun or taser.

(b) The owner, business or commercial lessee, manager of a private business enterprise, or any other organization, entity, or person may prohibit persons holding a permit for concealed firearms from carrying concealed firearms on the premises and may prohibit employees, not authorized by the employer, holding a permit for concealed firearms from carrying concealed firearms on the property of the employer. If the building or the premises are open to the public, the employer of the business enterprise shall post signs on or about the premises if carrying a concealed firearm is prohibited. Possession of a firearm in a vehicle on the premises shall not be a criminal offense so long as the firearm is not removed from the vehicle or brandished while the vehicle is on the premises. An employer may prohibit employees or other persons holding a permit for a concealed firearm from carrying a concealed firearm in vehicles owned by the employer. Carrying of a concealed firearm in a location specified in this subsection by a permit holder shall not be a criminal act but may subject the person to denial to the premises or removal from the premises.

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

Section 85. Fees. Fees collected under this Act and deposited into the Citizen Safety and Self-Defense Trust Fund shall be used exclusively for administrating the provisions of this Act; except that, commencing January 1, 2004, any excess monies in the Fund may be used to ensure the prompt and efficient processing of applications received under Section 30 of this Act.

(i) Fees for a concealed firearms permit shall be:

New permit..$100

Renewal..$75

Duplicate due to lost or destroyed..$25

Corrected permit due to change of address or name..$25

Late renewal fee..$25

(ii) The Secretary of State shall conduct a study, to determine the cost and feasibility of creating a method of adding an identifiable code, background, or other means to show that an individual has been issued a permit to carry a concealed firearm by the Department of State Police on the person's driver's license. By March 1 of each year, the Department of State Police shall submit a statistical report to the Governor, the President of the Senate and the Speaker of the House of Representatives, indicating the number of permits issued, revoked, suspended, denied and issued after appeal since the last report and in total and also the number of permits currently valid. The report shall also include the number of arrests, convictions and types of crimes since the last report by individuals issued permits to carry a concealed firearm.

Section 90. Applicant training.

(a) The applicant training course shall be the standardized training course furnished by the Department and taught by a qualified firearms instructor, consisting of:

(1) Twelve hours of classroom instruction, covering at least the following topics:

(i) handgun safety in the classroom, at home, on the firing range or while carrying the firearm;

(ii) the basic principles of marksmanship;

(iii) care and cleaning of handguns; and

(iv) by means of a videotape produced or approved by the Department:

(A) the requirements for obtaining a concealed firearms permit in this State;

(B) laws relating to firearms as prescribed in the Firearm Owners Identification Card Act, Article 24 of the Criminal Code of 1961, and 18 U.S.C. 921 through 930;

(C) laws relating to the justifiable use of force as prescribed in Article 7 of the Criminal Code of 1961.

(2) live firing exercises of sufficient duration for each applicant to fire a handgun:

(i) from a standing position;

(ii) a minimum of 20 rounds;

(iii) at a distance from a B-21 silhouette target, or an equivalent as approved by the Department, of 7 yards.

(b) The classroom portion of the course may be, at the qualified firearms instructor's discretion, divided into segments of not less than 2 hours each.

(c) (1) An applicant training course shall not be open to persons who are less than 21 years of age.

(2) An applicant training course students shall complete a course application form, which shall include a statement acknowledging receipt of copies of pertinent statutory provisions listed in clauses (A), (B), and (C) of subparagraph (iv) of paragraph (1) of subsection (a) and a liability waiver.

(3) The course application form may be obtained from the qualified firearms instructor at the time of the course.

(d) Qualified firearms instructors shall not discuss the content of the video tape or the content of the statutory provisions listed in clauses (A), (B), and (C) of subparagraph (iv) of paragraph (1) of subsection (a) with students, either individually or as a class.

(e) At the conclusion of the classroom portion of the applicant training course, the qualified firearms instructor shall:

(1) distribute a standard course examination to the students;

(2) not leave the room in which the examination is being held while the examination is in progress;

(3) collect examination booklets and answer sheets from each student at the end of the examination period;

(4) not grade the examinations in the presence of students; and

(5) not divulge an applicant's numeric score on the day of the examination, but may indicate whether an applicant passed or failed the examination.

(f) A person shall not:

(1) Make an unauthorized copy of the applicant training course examination, in whole or in part;

(2) Possess the applicant training course examination, or questions from the examination, unless authorized by the Department; or

(3) Divulge the contents of an applicant training course examination questions to another person.

(g) (1) Students shall provide their own safe, functional handgun and factory-loaded ammunition.

(2) Prior to conducting range firing, the certified firearms instructor shall:

(i) inspect each applicant's firearm; and

(ii) not allow the firing of a handgun that is not in sound mechanical condition or otherwise may pose a safety hazard.

(h) Grades of "passing" shall not be given on range work to an applicant who:

(1) does not follow the orders of the certified firearms instructor;

(2) in the judgment of the certified firearms instructor, handles a firearm in a manner that poses a danger to the applicant or to others; or

(3) during the testing portion of the range work fails to hit the silhouette portion of the target with a majority of 20 rounds.

(i) Certified firearms instructors shall:

(1) allow monitoring of their classes by officials of any certifying agency;

(2) make all course records available upon demand to authorized personnel of the Department; and

(3) not divulge course records except as authorized by the certifying agency.

(j) (1) Fees for applicant training courses shall not exceed $75 per student.

(2) Qualified firearms instructors shall collect the fee and remit $25 of the fee to the Department.

(3) Fees shall not be refunded to students who fail or otherwise do not complete the course.

(k) An applicant training course shall not have more than 40 students in the classroom portion or more than 5 students per range officer engaged in range firing.

(l) Within 3 working days after the completion of the course, the certified firearms instructor shall:

(1) grade the examinations and

(2) mail to the Department:

(i) the completed course application form, showing the student's score on the written examination and indicating whether the student passed or failed the range work, and

(ii) the graded examinations.

(m) Within 15 days after receipt of the material described in section (1), the Department shall mail to the applicant:

(i) A certificate of successful course completion; or

(ii) Notification that the applicant has failed the course and will not be certified.

(n) A student shall be issued a certificate of completion if he or she:

(i) answers at least 70% of the written examination questions correctly; and

(ii) achieves a grade of "passing" on the range work.

(o) (i) Students who score below 70% on the written examination may retake the examination one time without having to retake the course.

(ii) Students who do not achieve a grade of "passing" on the range work may repeat the range work one time without having to retake the course.

(iii) Notices of failure will include information on whether the student failed the written exam, the range firing, or both.

Section 95. Firearms instructors training.

(a) Persons who are not qualified firearms instructors shall not teach applicant training courses.

(b) Persons who are not qualified firearms instructors shall not advertise or otherwise represent courses they teach as qualifying their students to meet the requirements to receive a permit to carry concealed firearms in this State.

(c) Persons who are not certified instructor trainers shall not teach instructor qualification courses.

(d) Persons wishing to become qualified firearms instructors shall:

(1) be at least 21 years of age;

(2) be a citizen of the United States; and

(3) meet the requirements of subsection (b) of Section 25.

(e) Persons wishing to become instructor trainers, in addition to the requirements of subsection (d) of this Section, shall:

(1) possess a high school diploma or GED certificate,

(2) have at least one of the following valid firearms instructor certifications:

(I) National Rifle Association Personal Protection Instructor;

(II) National Rifle Association Pistol Marksmanship Instructor;

(III) Certification from a firearms instructor's course offered by a State or federal governmental agency; or

(IV) A similar firearms instructor qualifying course, approved the Director of State Police or his or her designee.

(f) (1) Applicants shall agree to background checks.

(2) An applicant may be disqualified from taking firearms instructor training, or have his or her instructor qualification revoked if the applicant:

(A) does not meet the requirements of this Act to possess a concealed firearms permit;

(B) provides false or misleading information on the application; or

(C) has had a prior instructor qualification revoked by the Department.

(g) The training course to certify firearms instructors and instructor trainers shall include:

(1) Sixteen hours of classroom instruction covering at least the following topics:

(i) By means of a videotape produced or approved by the Department:

(A) the requirements for obtaining a concealed firearms permit in this State;

(B) laws relating to firearms as contained in the Firearm Owners Identification Card Act, Article 24 of the Criminal Code of 1961, and 18 U.S.C. 921 through 930.

(C) laws relating to the justifiable use of force as contained in Article 7 of the Criminal Code of 1961;

(D) the conduct of applicant training courses;

(E) record-keeping requirements of this Act;

(F) the basic nomenclature of handguns;

(G) the basic principles of marksmanship; and

(H) the safe handling of handguns.

(2) A classroom demonstration, during which the instructor candidate shall receive instruction on and demonstrate competency in the ability to prepare and deliver a classroom presentation using materials from the applicant curriculum.

(3) Range instruction and firing of live ammunition, during which the instructor candidate shall receive instruction on and demonstrate competency in the ability to:

(i) handle and fire a handgun safely and accurately;

(ii) conduct a function test and safety inspection of common types of handguns;

(iii) clean common types of handguns; and

(iv) supervise and conduct live firing exercises in a safe and efficient manner.

(h) To qualify as a certified firearms instructor or instructor trainer, instructor candidates shall achieve:

(1) A minimum score of 70% on a written examination covering the material taught during the classroom portion of the course;

(2) A minimum score of 80% on range firing of a handgun from the standing position while aiming at a B-21 PC silhouette target or an equivalent as approved by the Department, with a minimum of:

(i) ten rounds from 7 yards; and

(ii) ten rounds from 15 yards; and

(iii) a score of "passing" from the course instructor for demonstrating competency in each of the following:

(A) Supervising and conducting live fire;

(B) Cleaning and inspecting handguns; and

(C) Preparing and delivering the classroom lecture.

(i) Instructor candidates who fail to meet the minimum requirements of subsection (h) of this Section may retake the examination, range work, or classroom demonstration one time without having to repeat the course.

(j) Qualified firearms instructor and instructor trainer certificates shall be valid for 3 years from date of issue. Qualified firearms instructors or instructor trainers may renew their certification by successfully completing a refresher course offered or approved by the Department.

(k) The fees for instructor trainer or refresher courses shall be $100 per student.

(1) The fees for qualified instructor courses shall be no more than $100 per student. The instructor trainer shall remit $50 per student to the Department.

(2) Fees shall not be refunded to those who do not pass or otherwise fail to complete a course.

(l) Course participants shall provide their own safe, functional handgun and factory-loaded ammunition.

(m) Prior to conducting range firing, the course instructor shall:

(i) inspect each applicant's firearm; and

(ii) not allow the firing of a handgun which is not in sound mechanical condition or otherwise may pose a safety hazard.

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

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

(430 ILCS 65/13.1) (from Ch. 38, par. 83-13.1)

Sec. 13.1. The provisions of any ordinance enacted by any municipality which requires registration or imposes greater restrictions or limitations on the acquisition, possession and transfer of firearms than are imposed by this Act, are not invalidated or affected by this Act, except that an ordinance of a unit of local government, including a home rule unit, is invalid if it is inconsistent with the Family and Personal Protection Act. It is declared to be the policy of this State that the regulation of the right to carry concealed firearms is an exclusive power and function of the State. A home rule unit may not regulate the issuance of permits to carry concealed firearms. This Section is a denial and limitation of home rule powers and functions under subsection (h) of Section 6 of Article VII of the Illinois Constitution.

(Source: P.A. 76-1939.)

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

(720 ILCS 5/24-2) (from Ch. 38, par. 24-2)

Sec. 24-2. Exemptions.

(a) Subsections 24-1(a)(3), 24-1(a)(4) and 24-1(a)(10) and Section 24-1.6 do not apply to or affect any of the following:

(1) Peace officers, and any person summoned by a peace officer to assist in making arrests or preserving the peace, while actually engaged in assisting such officer.

(2) Wardens, superintendents and keepers of prisons, penitentiaries, jails and other institutions for the detention of persons accused or convicted of an offense, while in the performance of their official duty, or while commuting between their homes and places of employment.

(3) Members of the Armed Services or Reserve Forces of the United States or the Illinois National Guard or the Reserve Officers Training Corps, while in the performance of their official duty.

(4) Special agents employed by a railroad or a public utility to perform police functions, and guards of armored car companies, while actually engaged in the performance of the duties of their employment or commuting between their homes and places of employment; and watchmen while actually engaged in the performance of the duties of their employment.

(5) Persons licensed as private security contractors, private detectives, or private alarm contractors, or employed by an agency certified by the Department of Professional Regulation, if their duties include the carrying of a weapon under the provisions of the Private Detective, Private Alarm, Private Security, and Locksmith Act of 2004, while actually engaged in the performance of the duties of their employment or commuting between their homes and places of employment, provided that such commuting is accomplished within one hour from departure from home or place of employment, as the case may be. Persons exempted under this subdivision (a)(5) shall be required to have completed a course of study in firearms handling and training approved and supervised by the Department of Professional Regulation as prescribed by Section 28 of the Private Detective, Private Alarm, Private Security, and Locksmith Act of 2004, prior to becoming eligible for this exemption. The Department of Professional Regulation shall provide suitable documentation demonstrating the successful completion of the prescribed firearms training. Such documentation shall be carried at all times when such persons are in possession of a concealable weapon.

(6) Any person regularly employed in a commercial or industrial operation as a security guard for the protection of persons employed and private property related to such commercial or industrial operation, while actually engaged in the performance of his or her duty or traveling between sites or properties belonging to the employer, and who, as a security guard, is a member of a security force of at least 5 persons registered with the Department of Professional Regulation; provided that such security guard has successfully completed a course of study, approved by and supervised by the Department of Professional Regulation, consisting of not less than 40 hours of training that includes the theory of law enforcement, liability for acts, and the handling of weapons. A person shall be considered eligible for this exemption if he or she has completed the required 20 hours of training for a security officer and 20 hours of required firearm training, and has been issued a firearm authorization card by the Department of Professional Regulation. Conditions for the renewal of firearm authorization cards issued under the provisions of this Section shall be the same as for those cards issued under the provisions of the Private Detective, Private Alarm, Private Security, and Locksmith Act of 2004. Such firearm authorization card shall be carried by the security guard at all times when he or she is in possession of a concealable weapon.

(7) Agents and investigators of the Illinois Legislative Investigating Commission authorized by the Commission to carry the weapons specified in subsections 24-1(a)(3) and 24-1(a)(4), while on duty in the course of any investigation for the Commission.

(8) Persons employed by a financial institution for the protection of other employees and property related to such financial institution, while actually engaged in the performance of their duties, commuting between their homes and places of employment, or traveling between sites or properties owned or operated by such financial institution, provided that any person so employed has successfully completed a course of study, approved by and supervised by the Department of Professional Regulation, consisting of not less than 40 hours of training which includes theory of law enforcement, liability for acts, and the handling of weapons. A person shall be considered to be eligible for this exemption if he or she has completed the required 20 hours of training for a security officer and 20 hours of required firearm training, and has been issued a firearm authorization card by the Department of Professional Regulation. Conditions for renewal of firearm authorization cards issued under the provisions of this Section shall be the same as for those issued under the provisions of the Private Detective, Private Alarm, Private Security, and Locksmith Act of 2004. Such firearm authorization card shall be carried by the person so trained at all times when such person is in possession of a concealable weapon. For purposes of this subsection, "financial institution" means a bank, savings and loan association, credit union or company providing armored car services.

(9) Any person employed by an armored car company to drive an armored car, while actually engaged in the performance of his duties.

(10) Persons who have been classified as peace officers pursuant to the Peace Officer Fire Investigation Act.

(11) Investigators of the Office of the State's Attorneys Appellate Prosecutor authorized by the board of governors of the Office of the State's Attorneys Appellate Prosecutor to carry weapons pursuant to Section 7.06 of the State's Attorneys Appellate Prosecutor's Act.

(12) Special investigators appointed by a State's Attorney under Section 3-9005 of the Counties Code.

(12.5) Probation officers while in the performance of their duties, or while commuting between their homes, places of employment or specific locations that are part of their assigned duties, with the consent of the chief judge of the circuit for which they are employed.

(13) Court Security Officers while in the performance of their official duties, or while commuting between their homes and places of employment, with the consent of the Sheriff.

(13.5) A person employed as an armed security guard at a nuclear energy, storage, weapons or development site or facility regulated by the Nuclear Regulatory Commission who has completed the background screening and training mandated by the rules and regulations of the Nuclear Regulatory Commission.

(14) Manufacture, transportation, or sale of weapons to persons authorized under subdivisions (1) through (13.5) of this subsection to possess those weapons.

(b) Subsections 24-1(a)(4) and 24-1(a)(10) and Section 24-1.6 do not apply to or affect any of the following:

(1) Members of any club or organization organized for the purpose of practicing shooting at targets upon established target ranges, whether public or private, and patrons of such ranges, while such members or patrons are using their firearms on those target ranges.

(2) Duly authorized military or civil organizations while parading, with the special permission of the Governor.

(3) Hunters, trappers or fishermen with a license or permit while engaged in hunting, trapping or fishing.

(4) Transportation of weapons that are broken down in a non-functioning state or are not immediately accessible.

(5) Carrying a concealed firearm by a permittee who has been issued a permit to carry a concealed firearm under the Family and Personal Protection Act.

(c) Subsection 24-1(a)(7) does not apply to or affect any of the following:

(1) Peace officers while in performance of their official duties.

(2) Wardens, superintendents and keepers of prisons, penitentiaries, jails and other institutions for the detention of persons accused or convicted of an offense.

(3) Members of the Armed Services or Reserve Forces of the United States or the Illinois National Guard, while in the performance of their official duty.

(4) Manufacture, transportation, or sale of machine guns to persons authorized under subdivisions (1) through (3) of this subsection to possess machine guns, if the machine guns are broken down in a non-functioning state or are not immediately accessible.

(5) Persons licensed under federal law to manufacture any weapon from which 8 or more shots or bullets can be discharged by a single function of the firing device, or ammunition for such weapons, and actually engaged in the business of manufacturing such weapons or ammunition, but only with respect to activities which are within the lawful scope of such business, such as the manufacture, transportation, or testing of such weapons or ammunition. This exemption does not authorize the general private possession of any weapon from which 8 or more shots or bullets can be discharged by a single function of the firing device, but only such possession and activities as are within the lawful scope of a licensed manufacturing business described in this paragraph.

During transportation, such weapons shall be broken down in a non-functioning state or not immediately accessible.

(6) The manufacture, transport, testing, delivery, transfer or sale, and all lawful commercial or experimental activities necessary thereto, of rifles, shotguns, and weapons made from rifles or shotguns, or ammunition for such rifles, shotguns or weapons, where engaged in by a person operating as a contractor or subcontractor pursuant to a contract or subcontract for the development and supply of such rifles, shotguns, weapons or ammunition to the United States government or any branch of the Armed Forces of the United States, when such activities are necessary and incident to fulfilling the terms of such contract.

The exemption granted under this subdivision (c)(6) shall also apply to any authorized agent of any such contractor or subcontractor who is operating within the scope of his employment, where such activities involving such weapon, weapons or ammunition are necessary and incident to fulfilling the terms of such contract.

During transportation, any such weapon shall be broken down in a non-functioning state, or not immediately accessible.

(d) Subsection 24-1(a)(1) does not apply to the purchase, possession or carrying of a black-jack or slung-shot by a peace officer.

(e) Subsection 24-1(a)(8) does not apply to any owner, manager or authorized employee of any place specified in that subsection nor to any law enforcement officer.

(f) Subsection 24-1(a)(4) and subsection 24-1(a)(10) and Section 24-1.6 do not apply to members of any club or organization organized for the purpose of practicing shooting at targets upon established target ranges, whether public or private, while using their firearms on those target ranges.

(g) Subsections 24-1(a)(11) and 24-3.1(a)(6) do not apply to:

(1) Members of the Armed Services or Reserve Forces of the United States or the Illinois National Guard, while in the performance of their official duty.

(2) Bonafide collectors of antique or surplus military ordinance.

(3) Laboratories having a department of forensic ballistics, or specializing in the development of ammunition or explosive ordinance.

(4) Commerce, preparation, assembly or possession of explosive bullets by manufacturers of ammunition licensed by the federal government, in connection with the supply of those organizations and persons exempted by subdivision (g)(1) of this Section, or like organizations and persons outside this State, or the transportation of explosive bullets to any organization or person exempted in this Section by a common carrier or by a vehicle owned or leased by an exempted manufacturer.

(g-5) Subsection 24-1(a)(6) does not apply to or affect persons licensed under federal law to manufacture any device or attachment of any kind designed, used, or intended for use in silencing the report of any firearm, firearms, or ammunition for those firearms equipped with those devices, and actually engaged in the business of manufacturing those devices, firearms, or ammunition, but only with respect to activities that are within the lawful scope of that business, such as the manufacture, transportation, or testing of those devices, firearms, or ammunition. This exemption does not authorize the general private possession of any device or attachment of any kind designed, used, or intended for use in silencing the report of any firearm, but only such possession and activities as are within the lawful scope of a licensed manufacturing business described in this subsection (g-5). During transportation, those devices shall be detached from any weapon or not immediately accessible.

(h) An information or indictment based upon a violation of any subsection of this Article need not negative any exemptions contained in this Article. The defendant shall have the burden of proving such an exemption.

(i) Nothing in this Article shall prohibit, apply to, or affect the transportation, carrying, or possession, of any pistol or revolver, stun gun, taser, or other firearm consigned to a common carrier operating under license of the State of Illinois or the federal government, where such transportation, carrying, or possession is incident to the lawful transportation in which such common carrier is engaged; and nothing in this Article shall prohibit, apply to, or affect the transportation, carrying, or possession of any pistol, revolver, stun gun, taser, or other firearm, not the subject of and regulated by subsection 24-1(a)(7) or subsection 24-2(c) of this Article, which is unloaded and enclosed in a case, firearm carrying box, shipping box, or other container, by the possessor of a valid Firearm Owners Identification Card.

(Source: P.A. 92-325, eff. 8-9-01; 93-438, eff. 8-5-03; 93-439, eff. 8-5-03; 93-576, eff. 1-1-04; revised 9-15-03.)

Section 999. Effective date. This Act takes effect upon becoming law.