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1 | AN ACT in relation to firearms.
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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 that | |||||||||||||||||||||||||||
12 | it already regulates the use and
possession
of concealed | |||||||||||||||||||||||||||
13 | firearms under Sections 24-1 and 24-1.6 of the Criminal Code of
| |||||||||||||||||||||||||||
14 | 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 permits | |||||||||||||||||||||||||||
18 | provided for in this
Act beyond those provisions contained in | |||||||||||||||||||||||||||
19 | this Act.
| |||||||||||||||||||||||||||
20 | Section 10. Definitions. As used in this Act:
| |||||||||||||||||||||||||||
21 | "Concealed firearm" means a handgun carried on or about a | |||||||||||||||||||||||||||
22 | person completely
or mostly concealed from
view of the public, |
| |||||||
| |||||||
1 | or carried in a vehicle in such a way as it is concealed
from | ||||||
2 | view of the public.
| ||||||
3 | "Department" means the Department of State Police.
| ||||||
4 | "Director" means the Director of State Police.
| ||||||
5 | "Fund" means the Citizen Safety and Self-Defense Trust | ||||||
6 | Fund.
| ||||||
7 | "Handgun" has the meaning ascribed to it in subsection (h) | ||||||
8 | of Section 24-3 of
the Criminal Code of 1961.
| ||||||
9 | "Permit" means a permit to carry a concealed firearm issued | ||||||
10 | by the Department
of State Police.
| ||||||
11 | "Permittee" means a person who is issued a permit to carry | ||||||
12 | a concealed
firearm by the Department of State
Police.
| ||||||
13 | Section 15. Citizen Safety and Self-Defense Trust Fund.
| ||||||
14 | (a) There is created the Citizen Safety and Self-Defense | ||||||
15 | Trust Fund. The
Fund
shall be maintained apart from
the State | ||||||
16 | Treasury and shall be administered by the Department. Money | ||||||
17 | from
federal and State sources
may be deposited into the Fund. | ||||||
18 | Fees from applications for new, renewal,
corrected and | ||||||
19 | duplicate concealed
firearms permits shall be deposited into | ||||||
20 | the Fund. The Department may invest
the monies in the Fund, and
| ||||||
21 | any income on these investments shall be reinvested in the | ||||||
22 | Fund.
| ||||||
23 | (b) The Department shall use the moneys in the Fund | ||||||
24 | exclusively for the
administration of this Act.
|
| |||||||
| |||||||
1 | Section 20. Permit for concealed firearms.
The Department | ||||||
2 | of State Police is authorized to issue permits to carry
| ||||||
3 | concealed firearms to persons
qualified as provided in this | ||||||
4 | Act. Permits to carry a concealed firearms
shall be valid | ||||||
5 | throughout the State for a period of 3 years from the
date of | ||||||
6 | issuance. Any person in compliance with the terms of the permit | ||||||
7 | may
carry concealed firearms on or about his or her person.
The | ||||||
8 | permittee shall carry the permit at all times the permittee is | ||||||
9 | carrying a
concealed firearm and shall display the permit upon | ||||||
10 | the request of a law
enforcement officer.
The permit is valid | ||||||
11 | throughout the State.
| ||||||
12 | Section 25. Application for permit and qualifications of | ||||||
13 | applicants.
| ||||||
14 | (a) An applicant for a permit shall obtain the application | ||||||
15 | from the
Department of State Police. If the applicant resides
| ||||||
16 | in a county of less than 3,000,000 inhabitants
(or if the | ||||||
17 | applicant resides in a county of 3,000,000 or more inhabitants | ||||||
18 | but
not within any municipality), the application for a
permit | ||||||
19 | or renewal of a permit to carry a
concealed firearm shall be | ||||||
20 | submitted to the office of the sheriff of the
county in which | ||||||
21 | the applicant resides. The completed application and all
| ||||||
22 | accompanying material plus an application fee
of $100 for a new | ||||||
23 | permit or $75 for a renewal
shall be presented to the office of | ||||||
24 | the sheriff of the county in which the
applicant resides.
| ||||||
25 | The sheriff shall transmit the application, accompanying |
| |||||||
| |||||||
1 | material and any
objections to the application, and
application | ||||||
2 | fees to the
Department of State Police
along with the completed | ||||||
3 | application
within 10
working days. Twenty dollars of the
| ||||||
4 | application fee shall be retained by the office of the sheriff | ||||||
5 | for official
expenses of the office.
| ||||||
6 | The sheriff may submit specific and articulable reasons to | ||||||
7 | the Department in
objection to an application for a concealed | ||||||
8 | firearms permit. He or she shall
articulate the recommendation | ||||||
9 | for denial in a written report and transmit that
report to the | ||||||
10 | Department of State Police
along with the completed application
| ||||||
11 | within 10 working days.
The
Department of State Police shall | ||||||
12 | maintain the report which shall be available
to the applicant | ||||||
13 | for a concealed firearms permit.
| ||||||
14 | (a-5) If the applicant resides in a county of 3,000,000 or | ||||||
15 | more inhabitants
and within a municipality, the application for | ||||||
16 | a
permit or renewal of a permit to carry a concealed firearm | ||||||
17 | shall be submitted
to
the municipal police department and the | ||||||
18 | duties imposed upon the county
sheriff under subsection (a) | ||||||
19 | shall be imposed upon the municipal police chief
of the | ||||||
20 | municipality in which the applicant resides. The municipal | ||||||
21 | police
department shall retain $20 of the application fee for | ||||||
22 | official expenses of the
department.
| ||||||
23 | (b) The
Department of State Police, upon a person's | ||||||
24 | application for a
concealed firearms permit, upon receipt of | ||||||
25 | the appropriate fees, and after
compliance with the procedures | ||||||
26 | set out in this Section, shall issue the
applicant a concealed |
| |||||||
| |||||||
1 | firearms permit if the person:
| ||||||
2 | (i) Is at least 21 years of age;
| ||||||
3 | (ii) Resides within the State of Illinois and has been | ||||||
4 | a resident for the
last
6 months and is a permanent
| ||||||
5 | resident of the United States;
| ||||||
6 | (iii) Has not been convicted of a crime punishable by | ||||||
7 | imprisonment for a
term
exceeding one year, or of a
| ||||||
8 | misdemeanor evidencing violence, is not free on any form of | ||||||
9 | bond or pretrial
release, and has no
outstanding warrants | ||||||
10 | for those crimes;
| ||||||
11 | (iv) Has no record of mental disease or mental illness | ||||||
12 | on file with the
Department of State Police that would
| ||||||
13 | evidence incapacity, or lack of proper mental capacity;
| ||||||
14 | (v) Has not been committed to a state or federal | ||||||
15 | facility for the abuse of
a
controlled substance or | ||||||
16 | cannabis or has not been
convicted of a misdemeanor | ||||||
17 | violation of the Illinois Controlled Substances Act
or | ||||||
18 | Cannabis Control Act or similar laws of any other
state | ||||||
19 | relating to controlled
substances or cannabis within a 10 | ||||||
20 | year period immediately preceding the date
on
which the | ||||||
21 | application is submitted; and
| ||||||
22 | (vi) Does not chronically and habitually use alcoholic | ||||||
23 | beverages as
evidenced
by the applicant having 2 or more | ||||||
24 | convictions for violating Section 11-501 of
the Illinois | ||||||
25 | Vehicle Code or similar provision of a local ordinance | ||||||
26 | within 5
years preceding his or her application or if the |
| |||||||
| |||||||
1 | applicant has elected
treatment under
the supervision of a | ||||||
2 | licensed program in accordance with the Alcoholism and
| ||||||
3 | Other Drug Abuse and Dependency Act
or similar laws of any | ||||||
4 | other
state within a 5
year period immediately preceding | ||||||
5 | the date on which the
application is submitted.
| ||||||
6 | Section 30. Contents of application.
The initial | ||||||
7 | application shall be in writing, under oath and under the | ||||||
8 | penalties
of perjury, on a standard form
promulgated by the | ||||||
9 | Department of State Police and shall be accompanied by the
| ||||||
10 | appropriate fees and required documentation. The application | ||||||
11 | shall contain only
the following information:
| ||||||
12 | (i) the applicant's name, address, gender, and date and | ||||||
13 | place of birth;
| ||||||
14 | (ii) a head and shoulder color photograph taken within | ||||||
15 | 30 days preceding
the
date on which the
application is | ||||||
16 | submitted;
| ||||||
17 | (iii) questions to certify or demonstrate the | ||||||
18 | applicant has completed a
firearms and deadly use of force
| ||||||
19 | training and education prerequisites specified under this | ||||||
20 | Act;
| ||||||
21 | (iv) a statement that the applicant is a resident of | ||||||
22 | the State of Illinois
and
has been a resident for the last
| ||||||
23 | 6 months and is a permanent resident of the United States;
| ||||||
24 | (v) a waiver of privacy and confidentiality rights and | ||||||
25 | privileges enjoyed
by
the applicant under all federal
and |
| |||||||
| |||||||
1 | state laws governing access to juvenile court, criminal | ||||||
2 | justice,
psychological or psychiatric records, or
records | ||||||
3 | relating to the applicant's history of | ||||||
4 | institutionalization, and an
affirmative request that any | ||||||
5 | person
having custody of any such record provide it or | ||||||
6 | information concerning it to
the Department;
| ||||||
7 | (vi) a conspicuous warning that false statements made | ||||||
8 | by the applicant
will
result in prosecution for perjury
in | ||||||
9 | accordance with Section 32-2 of the Criminal Code of 1961;
| ||||||
10 | (vii) an affirmation that the applicant is at least 21 | ||||||
11 | years of age, that
the
applicant possesses a currently | ||||||
12 | valid
Illinois Firearm Owner's Identification Card, | ||||||
13 | together with the card number or
is applying for the card | ||||||
14 | in
conjunction with the concealed firearms permit | ||||||
15 | application;
| ||||||
16 | (viii) an affirmation that the applicant has never been | ||||||
17 | convicted of any
felony
or of a misdemeanor involving
the | ||||||
18 | use or threat of physical force or violence to any person; | ||||||
19 | and has never
been adjudicated a delinquent
minor for an | ||||||
20 | offense which, had he or she been tried as an adult, would | ||||||
21 | have
been such
a felony or misdemeanor;
| ||||||
22 | (ix) the following statement along with
a
signature | ||||||
23 | line for use by the applicant, which statement the | ||||||
24 | applicant shall
affirm under oath" "I the undersigned | ||||||
25 | state, under oath and subject to the
penalty of perjury, | ||||||
26 | that I am not a streetgang member as defined in Section 10
|
| |||||||
| |||||||
1 | of the Illinois Streetgang Terrorism Omnibus Prevention | ||||||
2 | Act, and I will not
join or become associated with a | ||||||
3 | criminal
streetgang.".
| ||||||
4 | Section 35. Submission of identifying information; fee.
In | ||||||
5 | addition to the completed application, the applicant must also | ||||||
6 | submit the
following to the sheriff of the county in which the | ||||||
7 | applicant resides. The
sheriff shall submit the information to | ||||||
8 | the Department of State Police:
| ||||||
9 | (i) A head and shoulder color photograph as required by | ||||||
10 | Section 30 in a
size
specified by the Department of State | ||||||
11 | Police taken within 30 days
preceding the date on which the | ||||||
12 | application is submitted.
| ||||||
13 | (ii) A non-refundable permit fee of $100 if he or she | ||||||
14 | has not previously
been
issued such a permit by the | ||||||
15 | Department of State Police, or a non-refundable
permit fee | ||||||
16 | of $75 for each renewal of a permit
of which $20 shall be | ||||||
17 | retained by the sheriff or, if the applicant resides
within | ||||||
18 | a municipality in a county of 3,000,000 or
more | ||||||
19 | inhabitants, by the municipal police department.
| ||||||
20 | (iii) A full set of legible fingerprints administered | ||||||
21 | to the applicant by
the
Department of State Police, or any | ||||||
22 | other federal, State, county or municipal
law enforcement | ||||||
23 | agency. Any cost of fingerprinting shall be paid by the
| ||||||
24 | applicant.
| ||||||
25 | (iv) A photocopy of a certificate or other evidence of |
| |||||||
| |||||||
1 | completion of a
course
to show compliance with Section 90 | ||||||
2 | of this Act.
| ||||||
3 | Section 40. Approval of application.
| ||||||
4 | (a) If the Department of State Police finds that the | ||||||
5 | applicant possesses a
valid
Firearm Owner's Identification
| ||||||
6 | Card, meets the training requirements of this Act and has | ||||||
7 | provided the
documentation and paid the fees required for | ||||||
8 | issuance of a concealed firearms
permit, and that, as nearly as | ||||||
9 | it is possible to determine, nothing in the
applicant's | ||||||
10 | background or present circumstances disqualify him or her from
| ||||||
11 | possessing a firearm in Illinois, it shall approve the | ||||||
12 | application and issue
the applicant a wallet sized permit | ||||||
13 | bearing the photograph of the applicant
within 90 days.
| ||||||
14 | (b) The Department may consider any objection or | ||||||
15 | recommendation made by the
sheriff or municipal police | ||||||
16 | department supported by specific and articulable
reasons, in a | ||||||
17 | written report, why
the applicant should be denied a permit and | ||||||
18 | may deny the permit based solely on
those objections.
| ||||||
19 | (c) If the applicant is found to be ineligible, the | ||||||
20 | Department of State
Police
shall deny the application, and | ||||||
21 | notify the applicant in writing, stating the
grounds for denial | ||||||
22 | and informing the applicant of the right to submit, within
30 | ||||||
23 | days, any additional documentation relating to the grounds of | ||||||
24 | the denial.
Upon receiving any additional documentation, the | ||||||
25 | Department of State Police
shall reconsider its decision and |
| |||||||
| |||||||
1 | inform the applicant within 30 days of the
result of the | ||||||
2 | reconsideration. The applicant shall further be informed of the
| ||||||
3 | right to appeal the denial in the circuit court of his or her | ||||||
4 | place of
residence.
| ||||||
5 | (d) The Department of State Police shall maintain an | ||||||
6 | automated listing of
permit holders and pertinent information, | ||||||
7 | and this information shall be
available on-line, upon request, | ||||||
8 | at all times to all Illinois law enforcement
agencies. Except | ||||||
9 | as provided in this subsection, information on applications
for | ||||||
10 | permits, names and addresses, or other identifying information | ||||||
11 | relating to
permit holders shall be confidential and shall not | ||||||
12 | be made available except to
law enforcement agencies. Requests | ||||||
13 | for information about any permit holder
made by persons other | ||||||
14 | than a bona fide law enforcement agency shall be made to
the | ||||||
15 | Department of State Police together with any fee required for | ||||||
16 | the providing
of information. The Department of State Police | ||||||
17 | shall, upon proper application
and the payment of the required | ||||||
18 | fee, provide to the requester in written form
only, a list of | ||||||
19 | names of any or all holders in the State of Illinois licensed
| ||||||
20 | to carry a concealed firearm. No identifying information other | ||||||
21 | than the name
shall be provided, and information for geographic | ||||||
22 | areas or other subdivisions
of any type from the list shall not | ||||||
23 | be provided, except to a bona fide law
enforcement agency, and | ||||||
24 | shall be
confidential. No requests for lists of local or | ||||||
25 | statewide permit holders shall
be made to any state or local | ||||||
26 | law enforcement agency. No other agency of
government other |
| |||||||
| |||||||
1 | than the Department of State Police shall provide any
| ||||||
2 | information to a requester
not entitled to it by law. The names | ||||||
3 | of all persons, other than
law enforcement agencies and peace | ||||||
4 | officers, requesting information under this
Section shall be | ||||||
5 | public records.
| ||||||
6 | Section 45. Revocation of a permit.
A permit issued under | ||||||
7 | Section 40 shall be suspended or revoked if the permit
holder | ||||||
8 | becomes ineligible to be issued a permit under the criteria set | ||||||
9 | forth in
subsection (b)(i), (ii), (iii), (iv), (v), and (vi) of | ||||||
10 | Section 25 or subsection
(b) of
Section 40 of this Act. When an | ||||||
11 | order of protection is issued under
Section 112A-14 of the Code | ||||||
12 | of Criminal Procedure of 1963 or under Section 214
of the
| ||||||
13 | Illinois Domestic Violence Act of 1986 against a person holding | ||||||
14 | a permit issued
under this Act, the
holder of the permit shall | ||||||
15 | surrender the permit to the court or to the officer
serving
the | ||||||
16 | order. The officer to whom the permit is surrendered shall | ||||||
17 | forthwith
transmit the permit to the court issuing the order. | ||||||
18 | The permit shall be
suspended until the order is terminated.
| ||||||
19 | Section 50. Notification of renewal.
Not later than 120 | ||||||
20 | days before the expiration of any permit issued under this
Act, | ||||||
21 | the Department of State Police shall notify the permit holder | ||||||
22 | in writing
of the expiration and furnish an application for | ||||||
23 | renewal of the permit.
|
| |||||||
| |||||||
1 | Section 55. Renewal of permit.
| ||||||
2 | (a) The permit shall be renewed for a qualified applicant | ||||||
3 | upon receipt of
the
properly completed renewal
application and | ||||||
4 | required renewal fee. The renewal application shall contain the
| ||||||
5 | same required information as set forth in paragraphs (i) | ||||||
6 | through (ix) of
Section 30, except
that in lieu of the firearm | ||||||
7 | education and use of deadly force training, the
applicant need | ||||||
8 | only demonstrate previous issuance of and continued | ||||||
9 | eligibility
for a concealed firearms permit.
| ||||||
10 | (b) A permittee who fails to file a renewal application on | ||||||
11 | or before its
expiration date must pay an additional late fee | ||||||
12 | of $25. A person who fails to
renew his or her application | ||||||
13 | within 6 months after its expiration must reapply
for a new | ||||||
14 | permit and pay the fee for a new application.
| ||||||
15 | Section 60. Change of address, change of name or lost or | ||||||
16 | destroyed permits.
| ||||||
17 | (a) Within 30 days after the changing of a permanent | ||||||
18 | residence, or within 30
days
after loss
or destruction of a | ||||||
19 | concealed
firearms permit, the permittee shall notify the | ||||||
20 | Department of State Police of
the loss, destruction, change of | ||||||
21 | name, or change of residence. Failure to
notify
the Department | ||||||
22 | of State Police shall constitute a noncriminal
violation with a | ||||||
23 | penalty of $25 payable to the Department of State Police.
| ||||||
24 | (b) If a person issued a permit to carry a concealed | ||||||
25 | firearm changes
residence within this State, or changes his or |
| |||||||
| |||||||
1 | her name, the person to whom the
permit was
issued may upon | ||||||
2 | payment of $25 to the Department of State Police obtain a
| ||||||
3 | corrected concealed firearms permit with a change of address or | ||||||
4 | change of name
upon furnishing a notarized statement to the | ||||||
5 | Department of State Police that
the permittee has changed | ||||||
6 | residence, or his or her name and upon submission of
an
| ||||||
7 | application as set forth in Section 25 and photograph as set | ||||||
8 | forth in
paragraph (ii) of Section 30 of this Act. A concealed | ||||||
9 | firearms permit shall be
automatically invalid after 30 days if | ||||||
10 | the permittee has not notified the
Department of State Police | ||||||
11 | of a change of residence.
| ||||||
12 | (c) If a permit to carry a concealed firearm is lost or | ||||||
13 | destroyed, the
permit
shall be automatically invalid, and the | ||||||
14 | person to whom the permit was issued
may
upon payment of $25 to | ||||||
15 | the Department of State Police obtain a duplicate, and
upon | ||||||
16 | furnishing a notarized statement to the Department of State | ||||||
17 | Police that
the permit was lost or destroyed, and submission of | ||||||
18 | an application as set forth
in Section 25 and photograph as set | ||||||
19 | forth in paragraph (ii) of Section 30 of
this Act.
| ||||||
20 | Section 65. Reciprocity. A person who holds a valid permit | ||||||
21 | or license
issued
by another state of
the United States whose | ||||||
22 | home state permits Illinois residents to obtain a
permit
or | ||||||
23 | license to carry a concealed firearm in that state may apply | ||||||
24 | directly to the
Department of State Police for a permit to | ||||||
25 | carry a concealed firearm in
Illinois. The Department of State |
| |||||||
| |||||||
1 | Police shall take whatever steps are
necessary to verify that | ||||||
2 | the person applying has a valid permit or license to
carry a | ||||||
3 | concealed firearm issued by his or her home state.
| ||||||
4 | Section 70. Concealed firearms permit.
| ||||||
5 | (a) A concealed firearm permit shall
authorize the person | ||||||
6 | in whose
name the permit is issued to
carry concealed firearms | ||||||
7 | on or about his or her person or vehicle throughout
the State. | ||||||
8 | No permit issued
under this Section shall authorize any person | ||||||
9 | to carry a concealed
firearm into or upon:
| ||||||
10 | (i) Any police, sheriff, or highway patrol
office or | ||||||
11 | station without the consent of the chief law enforcement | ||||||
12 | officer in
charge of
that office or station.
| ||||||
13 | (ii) The facility of any adult or juvenile detention or
| ||||||
14 | correctional institution, prison, or jail.
| ||||||
15 | (iii) Any courthouse, solely occupied by the Circuit, | ||||||
16 | Appellate, or
Supreme
Court or a courtroom of any of those | ||||||
17 | courts, or court proceeding, except that
nothing in this | ||||||
18 | Section shall preclude a judge, holding a concealed firearm
| ||||||
19 | permit, from carrying a
concealed firearm within a | ||||||
20 | courthouse.
| ||||||
21 | (iv) Any meeting of the governing body of a unit of | ||||||
22 | local government; or
any
meeting of the General Assembly or | ||||||
23 | a committee of the General
Assembly, except that nothing in | ||||||
24 | this Section shall preclude a member of the
body holding a | ||||||
25 | concealed firearms permit from carrying a concealed |
| |||||||
| |||||||
1 | firearm at
a
meeting of the body which he or she is a | ||||||
2 | member.
| ||||||
3 | (v) The General Assembly or a county or municipality | ||||||
4 | may by
statute or ordinance prohibit or limit the
carrying | ||||||
5 | of concealed firearms by permit holders in that portion of | ||||||
6 | a building
owned, leased or controlled by that unit of | ||||||
7 | government. That portion of a
building in which the | ||||||
8 | carrying of concealed firearms is prohibited or limited
| ||||||
9 | shall be clearly identified by signs posted at the
entrance | ||||||
10 | to the restricted area. The statute or ordinance shall | ||||||
11 | exempt any
building used for public housing
by private | ||||||
12 | persons, highways or rest areas, firing ranges, and private
| ||||||
13 | dwellings
owned, leased, or controlled by that unit of | ||||||
14 | government from any restriction on
the carrying or | ||||||
15 | possession of a firearm. The statute or ordinance shall not
| ||||||
16 | specify any
criminal penalty for its violation but may | ||||||
17 | specify that persons violating the
statute or ordinance may | ||||||
18 | be denied entrance to the building, ordered to leave
the | ||||||
19 | building and if the employees of the unit of government, be | ||||||
20 | subjected to
disciplinary measures for violation of the | ||||||
21 | provisions of the statute or
ordinance. The provisions of | ||||||
22 | this Section shall not apply to any other unit of
| ||||||
23 | government.
| ||||||
24 | (vi) Any portion of an establishment licensed to | ||||||
25 | dispense beer or
alcoholic
beverages for consumption on the | ||||||
26 | premises, which portion of the establishment
is primarily |
| |||||||
| |||||||
1 | devoted to that purpose.
| ||||||
2 | This paragraph (vi) does not apply to any bona fide | ||||||
3 | restaurant open to the
general public having dining | ||||||
4 | facilities
for not less than 50 persons and that receives | ||||||
5 | at least 50% of its
gross annual income from the
dining | ||||||
6 | facilities by the sale of food.
| ||||||
7 | (vii) Any area of an airport to which access is | ||||||
8 | controlled by the
inspection
of
persons and property.
| ||||||
9 | (viii) Any place where the carrying of a firearm is | ||||||
10 | prohibited by federal
law.
| ||||||
11 | (ix) Any elementary or secondary school facility | ||||||
12 | without the consent of
school
authorities.
| ||||||
13 | (x) Any portion of a building used as a child care | ||||||
14 | facility without the
consent
of the manager. Nothing in | ||||||
15 | this Section shall prevent the operator of a
child care | ||||||
16 | facility in a family home from owning or possessing a | ||||||
17 | firearm or
permit.
| ||||||
18 | (xi) A riverboat gambling operation or horse racing | ||||||
19 | facility accessible by
the public.
| ||||||
20 | (xii) Any gated area of an amusement park.
| ||||||
21 | (xiii) Any stadium, arena or collegiate or | ||||||
22 | professional sporting event.
| ||||||
23 | (xiv) A church or other place of religious worship.
| ||||||
24 | A violation of this subsection (a) is a Class A | ||||||
25 | misdemeanor.
| ||||||
26 | A concealed firearm permit does not authorize the concealed |
| |||||||
| |||||||
1 | carrying or
transportation of a stun gun or taser.
| ||||||
2 | (b) The owner, business or commercial lessee, manager of a | ||||||
3 | private
business enterprise, or any other organization, | ||||||
4 | entity,
or person
may prohibit persons holding a permit for | ||||||
5 | concealed firearms
from carrying concealed firearms on the | ||||||
6 | premises and may prohibit employees,
not authorized by the | ||||||
7 | employer, holding a permit for concealed firearms from
carrying | ||||||
8 | concealed firearms on the property of the employer. If the | ||||||
9 | building
or the premises are open to the public, the employer | ||||||
10 | of the business enterprise
shall post signs on or about the | ||||||
11 | premises if carrying a concealed firearm is
prohibited. | ||||||
12 | Possession of a firearm in a vehicle on the premises shall not | ||||||
13 | be
a criminal offense so long as the firearm is not removed | ||||||
14 | from the vehicle or
brandished while the vehicle is on the | ||||||
15 | premises. An employer may prohibit
employees or other persons | ||||||
16 | holding a permit for a concealed firearm from
carrying a | ||||||
17 | concealed firearm in vehicles owned by the employer. Carrying | ||||||
18 | of a
concealed firearm in a location specified in this | ||||||
19 | subsection by a permit holder
shall not be a criminal act but | ||||||
20 | may subject the person to denial to the
premises or removal | ||||||
21 | from the premises.
| ||||||
22 | Section 75. Immunity of Department, sheriff, municipal | ||||||
23 | police department,
and their employees and
agents.
The | ||||||
24 | Department of State Police, office of the county sheriff, or | ||||||
25 | municipal
police department or any
employee or agent of the |
| |||||||
| |||||||
1 | Department of State Police, county sheriff, or
municipal police | ||||||
2 | department, shall
not be liable for
damages in any civil action | ||||||
3 | arising from alleged wrongful or improper granting,
renewing, | ||||||
4 | or failure to revoke permits issued under this Act.
The office | ||||||
5 | of the county sheriff or municipal police department or any | ||||||
6 | employee
or agent of the office of the
county sheriff or | ||||||
7 | municipal police department shall not be liable for
submitting | ||||||
8 | specific and articulable
reasons why an applicant should be | ||||||
9 | denied a permit.
| ||||||
10 | Section 85. Fees.
Fees collected under this Act and | ||||||
11 | deposited into the Citizen Safety and
Self-Defense Trust Fund | ||||||
12 | shall be used exclusively for administrating the
provisions
of | ||||||
13 | this Act; except that, commencing January 1, 2008, any excess | ||||||
14 | monies in
the Fund may be used to ensure the prompt and | ||||||
15 | efficient processing of
applications received under Section 30 | ||||||
16 | of this Act.
| ||||||
17 | (i) Fees for a concealed firearms permit shall be:
| ||||||
18 | New permit..$100
| ||||||
19 | Renewal..$75
| ||||||
20 | Duplicate due to lost or destroyed..$25
| ||||||
21 | Corrected permit due to change of address or name..$25
| ||||||
22 | Late renewal fee..$25
| ||||||
23 | (ii) The Secretary of State shall conduct a study, to | ||||||
24 | determine the cost and
feasibility of creating a method of | ||||||
25 | adding an identifiable code, background,
or other means to show |
| |||||||
| |||||||
1 | that an individual has been issued a permit to carry a
| ||||||
2 | concealed firearm by the Department of State Police on the | ||||||
3 | person's driver's
license.
By March 1 of each year, the | ||||||
4 | Department of State Police
shall
submit a statistical report to | ||||||
5 | the Governor, the President of the Senate and
the Speaker of | ||||||
6 | the House of Representatives, indicating the number of permits
| ||||||
7 | issued, revoked, suspended, denied and issued after appeal | ||||||
8 | since the last
report and in total and also the number of | ||||||
9 | permits currently valid. The report
shall also include the | ||||||
10 | number of arrests, convictions and types of crimes
since the | ||||||
11 | last report by individuals issued permits to carry a concealed
| ||||||
12 | firearm.
| ||||||
13 | Section 90. Applicant training.
| ||||||
14 | (a) The applicant training course shall be the standardized | ||||||
15 | training course
furnished by the Department and taught by a | ||||||
16 | qualified firearms instructor,
consisting of:
| ||||||
17 | (1) Twelve hours of classroom instruction, covering at | ||||||
18 | least the following
topics:
| ||||||
19 | (i) handgun safety in the classroom, at home, on | ||||||
20 | the firing range or
while carrying the firearm;
| ||||||
21 | (ii) the basic principles of marksmanship;
| ||||||
22 | (iii) care and cleaning of handguns; and
| ||||||
23 | (iv) by means of a videotape produced or approved | ||||||
24 | by the Department:
| ||||||
25 | (A) the requirements for obtaining a concealed |
| |||||||
| |||||||
1 | firearms permit
in this State;
| ||||||
2 | (B) laws relating to firearms as prescribed in | ||||||
3 | the Firearm Owners
Identification Card Act, | ||||||
4 | Article 24 of the Criminal Code of 1961, and 18 | ||||||
5 | U.S.C.
921 through 930;
| ||||||
6 | (C) laws relating to the justifiable use of | ||||||
7 | force as prescribed in
Article 7 of the Criminal | ||||||
8 | Code of 1961.
| ||||||
9 | (2) live firing exercises of sufficient duration for | ||||||
10 | each applicant to
fire a handgun:
| ||||||
11 | (i) from a standing position;
| ||||||
12 | (ii) a minimum of 20 rounds;
| ||||||
13 | (iii) at a distance from a B-21 silhouette target, | ||||||
14 | or an equivalent as
approved by the Department, of 7 | ||||||
15 | yards.
| ||||||
16 | (b) The classroom portion of the course may be, at the | ||||||
17 | qualified firearms
instructor's discretion, divided into
| ||||||
18 | segments of not less than 2 hours each.
| ||||||
19 | (c) (1) An applicant training course shall not be open to | ||||||
20 | persons who are
less
than 21 years of age.
| ||||||
21 | (2) An applicant training course students shall | ||||||
22 | complete a course
application
form, which shall include a | ||||||
23 | statement acknowledging receipt of copies of
pertinent | ||||||
24 | statutory provisions listed in clauses (A), (B), and (C) of
| ||||||
25 | subparagraph (iv) of paragraph (1) of subsection (a) and a
| ||||||
26 | liability waiver.
|
| |||||||
| |||||||
1 | (3) The course application form may be obtained from | ||||||
2 | the
qualified firearms instructor at the time of the | ||||||
3 | course.
| ||||||
4 | (d) Qualified firearms instructors shall not discuss the | ||||||
5 | content of the
video tape or the content of the statutory | ||||||
6 | provisions listed in clauses (A),
(B), and (C) of subparagraph | ||||||
7 | (iv) of paragraph (1) of subsection (a) with
students, either
| ||||||
8 | individually or as a class.
| ||||||
9 | (e) At the conclusion of the classroom portion of the | ||||||
10 | applicant training
course, the qualified firearms instructor | ||||||
11 | shall:
| ||||||
12 | (1) distribute a standard course examination to the | ||||||
13 | students;
| ||||||
14 | (2) not leave the room in which the examination is | ||||||
15 | being held while the
examination is in progress;
| ||||||
16 | (3) collect examination booklets and answer sheets | ||||||
17 | from each student at
the end of the examination period;
| ||||||
18 | (4) not grade the examinations in the presence of | ||||||
19 | students; and
| ||||||
20 | (5) not divulge an applicant's numeric score on the day | ||||||
21 | of the
examination, but may indicate whether an applicant | ||||||
22 | passed or failed the
examination.
| ||||||
23 | (f) A person shall not:
| ||||||
24 | (1) Make an unauthorized copy of the applicant training | ||||||
25 | course
examination, in whole or in part;
| ||||||
26 | (2) Possess the applicant training course examination, |
| |||||||
| |||||||
1 | or questions from
the examination, unless authorized by the | ||||||
2 | Department; or
| ||||||
3 | (3) Divulge the contents of an applicant training | ||||||
4 | course examination
questions to another person.
| ||||||
5 | (g) (1) Students shall provide their own safe, functional | ||||||
6 | handgun and
factory-loaded ammunition.
| ||||||
7 | (2) Prior to conducting range firing, the certified | ||||||
8 | firearms instructor
shall:
| ||||||
9 | (i) inspect each applicant's firearm; and
| ||||||
10 | (ii) not allow the firing of a handgun that is not | ||||||
11 | in sound mechanical
condition or otherwise may pose a | ||||||
12 | safety hazard.
| ||||||
13 | (h) Grades of "passing" shall not be given on range work to | ||||||
14 | an applicant
who:
| ||||||
15 | (1) does not follow the orders of the certified | ||||||
16 | firearms instructor;
| ||||||
17 | (2) in the judgment of the certified firearms | ||||||
18 | instructor, handles a
firearm
in a manner that poses a | ||||||
19 | danger to the applicant or to others; or
| ||||||
20 | (3) during the testing portion of the range work fails | ||||||
21 | to hit the
silhouette portion of the target with a majority | ||||||
22 | of
20 rounds.
| ||||||
23 | (i) Certified firearms instructors shall:
| ||||||
24 | (1) allow monitoring of their classes by officials of | ||||||
25 | any certifying
agency;
| ||||||
26 | (2) make all course records available upon demand to |
| |||||||
| |||||||
1 | authorized
personnel of the Department; and
| ||||||
2 | (3) not divulge course records except as authorized by | ||||||
3 | the certifying
agency.
| ||||||
4 | (j) (1) Fees for applicant training courses shall not | ||||||
5 | exceed $75 per
student.
| ||||||
6 | (2) Qualified firearms instructors shall collect the | ||||||
7 | fee and remit $25 of
the fee to the Department.
| ||||||
8 | (3) Fees shall not be refunded to students who fail or | ||||||
9 | otherwise do not
complete the course.
| ||||||
10 | (k) An applicant training course shall not have more than | ||||||
11 | 40 students in
the
classroom portion or more than 5 students | ||||||
12 | per range officer engaged in range
firing.
| ||||||
13 | (l) Within 3 working days after the completion of the | ||||||
14 | course, the
certified
firearms instructor shall:
| ||||||
15 | (1) grade the examinations and
| ||||||
16 | (2) mail to the Department:
| ||||||
17 | (i) the completed course application form, | ||||||
18 | showing the student's
score on
the written | ||||||
19 | examination and indicating whether the student | ||||||
20 | passed or failed the
range work, and
| ||||||
21 | (ii) the graded examinations.
| ||||||
22 | (m) Within 15 days after receipt of the material described | ||||||
23 | in section (1),
the Department shall mail to the applicant:
| ||||||
24 | (i) A certificate of successful course completion; or
| ||||||
25 | (ii) Notification that the applicant has failed the | ||||||
26 | course and will not be
certified.
|
| |||||||
| |||||||
1 | (n) A student shall be issued a certificate of completion | ||||||
2 | if he or she:
| ||||||
3 | (i) answers at least 70% of the written examination | ||||||
4 | questions correctly;
and
| ||||||
5 | (ii) achieves a grade of "passing" on the range work.
| ||||||
6 | (o) (i) Students who score below 70% on the written | ||||||
7 | examination may
retake
the examination one time without having | ||||||
8 | to retake the course.
| ||||||
9 | (ii) Students who do not achieve a grade of "passing" | ||||||
10 | on the range work
may
repeat the range work one time | ||||||
11 | without having to retake the course.
| ||||||
12 | (iii) Notices of failure will include information on | ||||||
13 | whether the student
failed the written exam, the range | ||||||
14 | firing, or both.
| ||||||
15 | Section 95. Firearms instructors training.
| ||||||
16 | (a) Persons who are not qualified firearms instructors | ||||||
17 | shall not teach
applicant training courses.
| ||||||
18 | (b) Persons who are not qualified firearms instructors | ||||||
19 | shall not advertise
or otherwise represent courses they teach | ||||||
20 | as qualifying their students to meet
the requirements to | ||||||
21 | receive a permit to carry concealed firearms in this State.
| ||||||
22 | (c) Persons who are not certified instructor trainers shall | ||||||
23 | not teach
instructor qualification courses.
| ||||||
24 | (d) Persons wishing to become qualified firearms | ||||||
25 | instructors shall:
|
| |||||||
| |||||||
1 | (1) be at least 21 years of age;
| ||||||
2 | (2) be a citizen of the United States; and
| ||||||
3 | (3) meet the requirements of subsection (b) of Section | ||||||
4 | 25.
| ||||||
5 | (e) Persons wishing to become instructor trainers, in | ||||||
6 | addition to the
requirements of subsection (d) of this Section, | ||||||
7 | shall:
| ||||||
8 | (1) possess a high school diploma or GED certificate,
| ||||||
9 | (2) have at least one of the following valid firearms | ||||||
10 | instructor
certifications:
| ||||||
11 | (I) National Rifle Association Personal Protection | ||||||
12 | Instructor;
| ||||||
13 | (II) National Rifle Association Pistol | ||||||
14 | Marksmanship Instructor;
| ||||||
15 | (III) Certification from a firearms instructor's | ||||||
16 | course offered by a
State
or federal governmental | ||||||
17 | agency; or
| ||||||
18 | (IV) A similar firearms instructor qualifying | ||||||
19 | course, approved the
Director
of State Police or his or | ||||||
20 | her designee.
| ||||||
21 | (f) (1) Applicants shall agree to background checks.
| ||||||
22 | (2) An applicant may be disqualified from taking | ||||||
23 | firearms instructor
training, or have his or her instructor | ||||||
24 | qualification revoked if the applicant:
| ||||||
25 | (A) does not meet the requirements of this Act to | ||||||
26 | possess a
concealed firearms permit;
|
| |||||||
| |||||||
1 | (B) provides false or misleading information on | ||||||
2 | the application; or
| ||||||
3 | (C) has had a prior instructor qualification | ||||||
4 | revoked by the Department.
| ||||||
5 | (g) The training course to certify firearms instructors and | ||||||
6 | instructor
trainers shall include:
| ||||||
7 | (1) Sixteen hours of classroom instruction covering at | ||||||
8 | least the following
topics:
| ||||||
9 | (i) By means of a videotape produced or approved by | ||||||
10 | the Department:
| ||||||
11 | (A) the requirements for obtaining a concealed | ||||||
12 | firearms permit in this
State;
| ||||||
13 | (B) laws relating to firearms as contained in the | ||||||
14 | Firearm Owners
Identification Card Act, Article 24 of | ||||||
15 | the Criminal Code of 1961, and 18 U.S.C.
921 through | ||||||
16 | 930.
| ||||||
17 | (C) laws relating to the justifiable use of force | ||||||
18 | as contained in
Article 7
of the Criminal Code of 1961;
| ||||||
19 | (D) the conduct of applicant training courses;
| ||||||
20 | (E) record-keeping requirements of this Act;
| ||||||
21 | (F) the basic nomenclature of handguns;
| ||||||
22 | (G) the basic principles of marksmanship; and
| ||||||
23 | (H) the safe handling of handguns.
| ||||||
24 | (2) A classroom demonstration, during which the | ||||||
25 | instructor candidate shall
receive instruction on and | ||||||
26 | demonstrate competency in the ability to prepare and
|
| |||||||
| |||||||
1 | deliver a classroom presentation using materials from the | ||||||
2 | applicant curriculum.
| ||||||
3 | (3) Range instruction and firing of live ammunition, | ||||||
4 | during which the
instructor candidate shall receive | ||||||
5 | instruction on and demonstrate competency in
the ability | ||||||
6 | to:
| ||||||
7 | (i) handle and fire a handgun safely and | ||||||
8 | accurately;
| ||||||
9 | (ii) conduct a function test and safety inspection | ||||||
10 | of common types of
handguns;
| ||||||
11 | (iii) clean common types of handguns; and
| ||||||
12 | (iv) supervise and conduct live firing exercises | ||||||
13 | in a safe and efficient
manner.
| ||||||
14 | (h) To qualify as a certified firearms instructor or | ||||||
15 | instructor trainer,
instructor candidates shall achieve:
| ||||||
16 | (1) A minimum score of 70% on a written examination | ||||||
17 | covering the
material taught during the classroom portion | ||||||
18 | of the course;
| ||||||
19 | (2) A minimum score of 80% on range firing of a handgun | ||||||
20 | from the
standing position while aiming at a B-21 PC | ||||||
21 | silhouette target or an equivalent
as approved by the | ||||||
22 | Department, with a minimum of:
| ||||||
23 | (i) ten rounds from 7 yards; and
| ||||||
24 | (ii) ten rounds from 15 yards; and
| ||||||
25 | (iii) a score of "passing" from the course | ||||||
26 | instructor for
demonstrating competency in each of |
| |||||||
| |||||||
1 | the following:
| ||||||
2 | (A) Supervising and conducting live fire;
| ||||||
3 | (B) Cleaning and inspecting handguns; and
| ||||||
4 | (C) Preparing and delivering the classroom | ||||||
5 | lecture.
| ||||||
6 | (i) Instructor candidates who fail to meet the minimum | ||||||
7 | requirements of
subsection (h) of this Section may retake the | ||||||
8 | examination, range work, or
classroom demonstration one time | ||||||
9 | without having to repeat the course.
| ||||||
10 | (j) Qualified firearms instructor and instructor trainer | ||||||
11 | certificates
shall be valid for 3 years from date of issue.
| ||||||
12 | Qualified firearms instructors or instructor trainers may | ||||||
13 | renew their
certification by successfully completing a | ||||||
14 | refresher course offered or
approved by the Department.
| ||||||
15 | (k) The fees for instructor trainer or refresher courses | ||||||
16 | shall be $100 per
student.
| ||||||
17 | (1) The fees for qualified instructor courses shall be | ||||||
18 | no more than $100
per student. The instructor trainer shall | ||||||
19 | remit $50 per student to the
Department.
| ||||||
20 | (2) Fees shall not be refunded to those who do not pass | ||||||
21 | or otherwise fail
to complete a course.
| ||||||
22 | (l) Course participants shall provide their own safe, | ||||||
23 | functional handgun and
factory-loaded ammunition.
| ||||||
24 | (m) Prior to conducting range firing, the course instructor | ||||||
25 | shall:
| ||||||
26 | (i) inspect each applicant's firearm; and
|
| |||||||
| |||||||
1 | (ii) not allow the firing of a handgun which is not in | ||||||
2 | sound
mechanical condition or otherwise may pose a safety | ||||||
3 | hazard.
| ||||||
4 | Section 100. Severability.
The provisions of this Act are | ||||||
5 | severable under Section 1.31 of the Statute on
Statutes.
| ||||||
6 | Section 905. The Firearm Owners Identification Card Act is | ||||||
7 | amended by
changing Section 13.1 as follows:
| ||||||
8 | (430 ILCS 65/13.1) (from Ch. 38, par. 83-13.1)
| ||||||
9 | Sec. 13.1.
The provisions of any ordinance enacted by any | ||||||
10 | municipality which
requires registration or imposes greater | ||||||
11 | restrictions or limitations on the
acquisition, possession and | ||||||
12 | transfer of firearms than are imposed by this
Act, are not | ||||||
13 | invalidated or affected by this Act , except that
an ordinance | ||||||
14 | of a unit of local government, including a home
rule unit, is | ||||||
15 | invalid if it is inconsistent with the Family and Personal
| ||||||
16 | Protection Act. It is declared to be the policy of this State | ||||||
17 | that the
regulation of the
right to carry concealed firearms is | ||||||
18 | an exclusive power and function of the
State. A home rule unit | ||||||
19 | may not regulate the issuance of permits to carry
concealed | ||||||
20 | firearms. This Section is a denial and limitation of home rule
| ||||||
21 | powers and functions under subsection (h) of Section 6 of | ||||||
22 | Article VII of the
Illinois Constitution .
| ||||||
23 | (Source: P.A. 76-1939.)
|
| |||||||
| |||||||
1 | Section 910. The Criminal Code of 1961 is amended by | ||||||
2 | changing
Section 24-2 as follows:
| ||||||
3 | (720 ILCS 5/24-2) (from Ch. 38, par. 24-2)
| ||||||
4 | Sec. 24-2. Exemptions.
| ||||||
5 | (a) Subsections 24-1(a)(3), 24-1(a)(4) and 24-1(a)(10) and | ||||||
6 | Section
24-1.6 do not apply to
or affect any of the following:
| ||||||
7 | (1) Peace officers, and any person summoned by a peace | ||||||
8 | officer to
assist in making arrests or preserving the | ||||||
9 | peace, while actually engaged in
assisting such officer.
| ||||||
10 | (2) Wardens, superintendents and keepers of prisons,
| ||||||
11 | penitentiaries, jails and other institutions for the | ||||||
12 | detention of persons
accused or convicted of an offense, | ||||||
13 | while in the performance of their
official duty, or while | ||||||
14 | commuting between their homes and places of employment.
| ||||||
15 | (3) Members of the Armed Services or Reserve Forces of | ||||||
16 | the United States
or the Illinois National Guard or the | ||||||
17 | Reserve Officers Training Corps,
while in the performance | ||||||
18 | of their official duty.
| ||||||
19 | (4) Special agents employed by a railroad or a public | ||||||
20 | utility to
perform police functions, and guards of armored | ||||||
21 | car companies, while
actually engaged in the performance of | ||||||
22 | the duties of their employment or
commuting between their | ||||||
23 | homes and places of employment; and watchmen
while actually | ||||||
24 | engaged in the performance of the duties of their |
| |||||||
| |||||||
1 | employment.
| ||||||
2 | (5) Persons licensed as private security contractors, | ||||||
3 | private
detectives, or private alarm contractors, or | ||||||
4 | employed by an agency
certified by the Department of | ||||||
5 | Professional Regulation, if their duties
include the | ||||||
6 | carrying of a weapon under the provisions of the Private
| ||||||
7 | Detective, Private Alarm,
Private Security, and Locksmith | ||||||
8 | Act of 2004,
while actually
engaged in the performance of | ||||||
9 | the duties of their employment or commuting
between their | ||||||
10 | homes and places of employment, provided that such | ||||||
11 | commuting
is accomplished within one hour from departure | ||||||
12 | from home or place of
employment, as the case may be. | ||||||
13 | Persons exempted under this subdivision
(a)(5) shall be | ||||||
14 | required to have completed a course of
study in firearms | ||||||
15 | handling and training approved and supervised by the
| ||||||
16 | Department of Professional Regulation as prescribed by | ||||||
17 | Section 28 of the
Private Detective, Private Alarm,
Private | ||||||
18 | Security, and Locksmith Act of 2004, prior
to becoming | ||||||
19 | eligible for this exemption. The Department of | ||||||
20 | Professional
Regulation shall provide suitable | ||||||
21 | documentation demonstrating the
successful completion of | ||||||
22 | the prescribed firearms training. Such
documentation shall | ||||||
23 | be carried at all times when such persons are in
possession | ||||||
24 | of a concealable weapon.
| ||||||
25 | (6) Any person regularly employed in a commercial or | ||||||
26 | industrial
operation as a security guard for the protection |
| |||||||
| |||||||
1 | of persons employed
and private property related to such | ||||||
2 | commercial or industrial
operation, while actually engaged | ||||||
3 | in the performance of his or her
duty or traveling between | ||||||
4 | sites or properties belonging to the
employer, and who, as | ||||||
5 | a security guard, is a member of a security force of
at | ||||||
6 | least 5 persons registered with the Department of | ||||||
7 | Professional
Regulation; provided that such security guard | ||||||
8 | has successfully completed a
course of study, approved by | ||||||
9 | and supervised by the Department of
Professional | ||||||
10 | Regulation, consisting of not less than 40 hours of | ||||||
11 | training
that includes the theory of law enforcement, | ||||||
12 | liability for acts, and the
handling of weapons. A person | ||||||
13 | shall be considered eligible for this
exemption if he or | ||||||
14 | she has completed the required 20
hours of training for a | ||||||
15 | security officer and 20 hours of required firearm
training, | ||||||
16 | and has been issued a firearm authorization card by
the | ||||||
17 | Department of Professional Regulation. Conditions for the | ||||||
18 | renewal of
firearm authorization cards issued under the | ||||||
19 | provisions of this Section
shall be the same as for those | ||||||
20 | cards issued under the provisions of the
Private Detective, | ||||||
21 | Private Alarm,
Private Security, and Locksmith Act of 2004. | ||||||
22 | Such
firearm authorization card shall be carried by the | ||||||
23 | security guard at all
times when he or she is in possession | ||||||
24 | of a concealable weapon.
| ||||||
25 | (7) Agents and investigators of the Illinois | ||||||
26 | Legislative Investigating
Commission authorized by the |
| |||||||
| |||||||
1 | Commission to carry the weapons specified in
subsections | ||||||
2 | 24-1(a)(3) and 24-1(a)(4), while on duty in the course of
| ||||||
3 | any investigation for the Commission.
| ||||||
4 | (8) Persons employed by a financial institution for the | ||||||
5 | protection of
other employees and property related to such | ||||||
6 | financial institution, while
actually engaged in the | ||||||
7 | performance of their duties, commuting between
their homes | ||||||
8 | and places of employment, or traveling between sites or
| ||||||
9 | properties owned or operated by such financial | ||||||
10 | institution, provided that
any person so employed has | ||||||
11 | successfully completed a course of study,
approved by and | ||||||
12 | supervised by the Department of Professional Regulation,
| ||||||
13 | consisting of not less than 40 hours of training which | ||||||
14 | includes theory of
law enforcement, liability for acts, and | ||||||
15 | the handling of weapons.
A person shall be considered to be | ||||||
16 | eligible for this exemption if he or
she has completed the | ||||||
17 | required 20 hours of training for a security officer
and 20 | ||||||
18 | hours of required firearm training, and has been issued a
| ||||||
19 | firearm authorization card by the Department of | ||||||
20 | Professional Regulation.
Conditions for renewal of firearm | ||||||
21 | authorization cards issued under the
provisions of this | ||||||
22 | Section shall be the same as for those issued under the
| ||||||
23 | provisions of the Private Detective, Private Alarm,
| ||||||
24 | Private Security, and Locksmith Act of 2004.
Such firearm | ||||||
25 | authorization card shall be carried by the person so
| ||||||
26 | trained at all times when such person is in possession of a |
| |||||||
| |||||||
1 | concealable
weapon. For purposes of this subsection, | ||||||
2 | "financial institution" means a
bank, savings and loan | ||||||
3 | association, credit union or company providing
armored car | ||||||
4 | services.
| ||||||
5 | (9) Any person employed by an armored car company to | ||||||
6 | drive an armored
car, while actually engaged in the | ||||||
7 | performance of his duties.
| ||||||
8 | (10) Persons who have been classified as peace officers | ||||||
9 | pursuant
to the Peace Officer Fire Investigation Act.
| ||||||
10 | (11) Investigators of the Office of the State's | ||||||
11 | Attorneys Appellate
Prosecutor authorized by the board of | ||||||
12 | governors of the Office of the
State's Attorneys Appellate | ||||||
13 | Prosecutor to carry weapons pursuant to
Section 7.06 of the | ||||||
14 | State's Attorneys Appellate Prosecutor's Act.
| ||||||
15 | (12) Special investigators appointed by a State's | ||||||
16 | Attorney under
Section 3-9005 of the Counties Code.
| ||||||
17 | (12.5) Probation officers while in the performance of | ||||||
18 | their duties, or
while commuting between their homes, | ||||||
19 | places of employment or specific locations
that are part of | ||||||
20 | their assigned duties, with the consent of the chief judge | ||||||
21 | of
the circuit for which they are employed.
| ||||||
22 | (13) Court Security Officers while in the performance | ||||||
23 | of their official
duties, or while commuting between their | ||||||
24 | homes and places of employment, with
the
consent of the | ||||||
25 | Sheriff.
| ||||||
26 | (13.5) A person employed as an armed security guard at |
| |||||||
| |||||||
1 | a nuclear energy,
storage, weapons or development site or | ||||||
2 | facility regulated by the Nuclear
Regulatory Commission | ||||||
3 | who has completed the background screening and training
| ||||||
4 | mandated by the rules and regulations of the Nuclear | ||||||
5 | Regulatory Commission.
| ||||||
6 | (14) Manufacture, transportation, or sale of weapons | ||||||
7 | to
persons
authorized under subdivisions (1) through | ||||||
8 | (13.5) of this
subsection
to
possess those weapons.
| ||||||
9 | (b) Subsections 24-1(a)(4) and 24-1(a)(10) and Section | ||||||
10 | 24-1.6 do not
apply to or affect
any of the following:
| ||||||
11 | (1) Members of any club or organization organized for | ||||||
12 | the purpose of
practicing shooting at targets upon | ||||||
13 | established target ranges, whether
public or private, and | ||||||
14 | patrons of such ranges, while such members
or patrons are | ||||||
15 | using their firearms on those target ranges.
| ||||||
16 | (2) Duly authorized military or civil organizations | ||||||
17 | while parading,
with the special permission of the | ||||||
18 | Governor.
| ||||||
19 | (3) Hunters, trappers or fishermen with a license or
| ||||||
20 | permit while engaged in hunting,
trapping or fishing.
| ||||||
21 | (4) Transportation of weapons that are broken down in a
| ||||||
22 | non-functioning state or are not immediately accessible.
| ||||||
23 | (5) Carrying a concealed firearm by a permittee who has | ||||||
24 | been issued a
permit to carry a concealed firearm under the | ||||||
25 | Family and Personal Protection
Act.
| ||||||
26 | (c) Subsection 24-1(a)(7) does not apply to or affect any |
| |||||||
| |||||||
1 | of the
following:
| ||||||
2 | (1) Peace officers while in performance of their | ||||||
3 | official duties.
| ||||||
4 | (2) Wardens, superintendents and keepers of prisons, | ||||||
5 | penitentiaries,
jails and other institutions for the | ||||||
6 | detention of persons accused or
convicted of an offense.
| ||||||
7 | (3) Members of the Armed Services or Reserve Forces of | ||||||
8 | the United States
or the Illinois National Guard, while in | ||||||
9 | the performance of their official
duty.
| ||||||
10 | (4) Manufacture, transportation, or sale of machine | ||||||
11 | guns to persons
authorized under subdivisions (1) through | ||||||
12 | (3) of this subsection to
possess machine guns, if the | ||||||
13 | machine guns are broken down in a
non-functioning state or | ||||||
14 | are not immediately accessible.
| ||||||
15 | (5) Persons licensed under federal law to manufacture | ||||||
16 | any weapon from
which 8 or more shots or bullets can be | ||||||
17 | discharged by a
single function of the firing device, or | ||||||
18 | ammunition for such weapons, and
actually engaged in the | ||||||
19 | business of manufacturing such weapons or
ammunition, but | ||||||
20 | only with respect to activities which are within the lawful
| ||||||
21 | scope of such business, such as the manufacture, | ||||||
22 | transportation, or testing
of such weapons or ammunition. | ||||||
23 | This exemption does not authorize the
general private | ||||||
24 | possession of any weapon from which 8 or more
shots or | ||||||
25 | bullets can be discharged by a single function of the | ||||||
26 | firing
device, but only such possession and activities as |
| |||||||
| |||||||
1 | are within the lawful
scope of a licensed manufacturing | ||||||
2 | business described in this paragraph.
| ||||||
3 | During transportation, such weapons shall be broken | ||||||
4 | down in a
non-functioning state or not immediately | ||||||
5 | accessible.
| ||||||
6 | (6) The manufacture, transport, testing, delivery, | ||||||
7 | transfer or sale,
and all lawful commercial or experimental | ||||||
8 | activities necessary thereto, of
rifles, shotguns, and | ||||||
9 | weapons made from rifles or shotguns,
or ammunition for | ||||||
10 | such rifles, shotguns or weapons, where engaged in
by a | ||||||
11 | person operating as a contractor or subcontractor pursuant | ||||||
12 | to a
contract or subcontract for the development and supply | ||||||
13 | of such rifles,
shotguns, weapons or ammunition to the | ||||||
14 | United States government or any
branch of the Armed Forces | ||||||
15 | of the United States, when such activities are
necessary | ||||||
16 | and incident to fulfilling the terms of such contract.
| ||||||
17 | The exemption granted under this subdivision (c)(6)
| ||||||
18 | shall also apply to any authorized agent of any such | ||||||
19 | contractor or
subcontractor who is operating within the | ||||||
20 | scope of his employment, where
such activities involving | ||||||
21 | such weapon, weapons or ammunition are necessary
and | ||||||
22 | incident to fulfilling the terms of such contract.
| ||||||
23 | During transportation, any such weapon shall be broken | ||||||
24 | down in a
non-functioning state, or not immediately | ||||||
25 | accessible.
| ||||||
26 | (d) Subsection 24-1(a)(1) does not apply to the purchase, |
| |||||||
| |||||||
1 | possession
or carrying of a black-jack or slung-shot by a peace | ||||||
2 | officer.
| ||||||
3 | (e) Subsection 24-1(a)(8) does not apply to any owner, | ||||||
4 | manager or
authorized employee of any place specified in that | ||||||
5 | subsection nor to any
law enforcement officer.
| ||||||
6 | (f) Subsection 24-1(a)(4) and subsection 24-1(a)(10) and | ||||||
7 | Section 24-1.6
do not apply
to members of any club or | ||||||
8 | organization organized for the purpose of practicing
shooting | ||||||
9 | at targets upon established target ranges, whether public or | ||||||
10 | private,
while using their firearms on those target ranges.
| ||||||
11 | (g) Subsections 24-1(a)(11) and 24-3.1(a)(6) do not apply | ||||||
12 | to:
| ||||||
13 | (1) Members of the Armed Services or Reserve Forces of | ||||||
14 | the United
States or the Illinois National Guard, while in | ||||||
15 | the performance of their
official duty.
| ||||||
16 | (2) Bonafide collectors of antique or surplus military | ||||||
17 | ordinance.
| ||||||
18 | (3) Laboratories having a department of forensic | ||||||
19 | ballistics, or
specializing in the development of | ||||||
20 | ammunition or explosive ordinance.
| ||||||
21 | (4) Commerce, preparation, assembly or possession of | ||||||
22 | explosive
bullets by manufacturers of ammunition licensed | ||||||
23 | by the federal government,
in connection with the supply of | ||||||
24 | those organizations and persons exempted
by subdivision | ||||||
25 | (g)(1) of this Section, or like organizations and persons
| ||||||
26 | outside this State, or the transportation of explosive |
| |||||||
| |||||||
1 | bullets to any
organization or person exempted in this | ||||||
2 | Section by a common carrier or by a
vehicle owned or leased | ||||||
3 | by an exempted manufacturer.
| ||||||
4 | (g-5) Subsection 24-1(a)(6) does not apply to or affect | ||||||
5 | persons licensed
under federal law to manufacture any device or | ||||||
6 | attachment of any kind designed,
used, or intended for use in | ||||||
7 | silencing the report of any firearm, firearms, or
ammunition
| ||||||
8 | for those firearms equipped with those devices, and actually | ||||||
9 | engaged in the
business of manufacturing those devices, | ||||||
10 | firearms, or ammunition, but only with
respect to
activities | ||||||
11 | that are within the lawful scope of that business, such as the
| ||||||
12 | manufacture, transportation, or testing of those devices, | ||||||
13 | firearms, or
ammunition. This
exemption does not authorize the | ||||||
14 | general private possession of any device or
attachment of any | ||||||
15 | kind designed, used, or intended for use in silencing the
| ||||||
16 | report of any firearm, but only such possession and activities | ||||||
17 | as are within
the
lawful scope of a licensed manufacturing | ||||||
18 | business described in this subsection
(g-5). During | ||||||
19 | transportation, those devices shall be detached from any weapon
| ||||||
20 | or
not immediately accessible.
| ||||||
21 | (h) An information or indictment based upon a violation of | ||||||
22 | any
subsection of this Article need not negative any exemptions | ||||||
23 | contained in
this Article. The defendant shall have the burden | ||||||
24 | of proving such an
exemption.
| ||||||
25 | (i) Nothing in this Article shall prohibit, apply to, or | ||||||
26 | affect
the transportation, carrying, or possession, of any |
| |||||||||||||||||||||||||||||||||||||||||
| |||||||||||||||||||||||||||||||||||||||||
1 | pistol or revolver,
stun gun, taser, or other firearm consigned | ||||||||||||||||||||||||||||||||||||||||
2 | to a common carrier operating
under license of the State of | ||||||||||||||||||||||||||||||||||||||||
3 | Illinois or the federal government, where
such transportation, | ||||||||||||||||||||||||||||||||||||||||
4 | carrying, or possession is incident to the lawful
| ||||||||||||||||||||||||||||||||||||||||
5 | transportation in which such common carrier is engaged; and | ||||||||||||||||||||||||||||||||||||||||
6 | nothing in this
Article shall prohibit, apply to, or affect the | ||||||||||||||||||||||||||||||||||||||||
7 | transportation, carrying,
or possession of any pistol, | ||||||||||||||||||||||||||||||||||||||||
8 | revolver, stun gun, taser, or other firearm,
not the subject of | ||||||||||||||||||||||||||||||||||||||||
9 | and regulated by subsection 24-1(a)(7) or subsection
24-2(c) of | ||||||||||||||||||||||||||||||||||||||||
10 | this Article, which is unloaded and enclosed in a case, firearm
| ||||||||||||||||||||||||||||||||||||||||
11 | carrying box, shipping box, or other container, by the | ||||||||||||||||||||||||||||||||||||||||
12 | possessor of a valid
Firearm Owners Identification Card.
| ||||||||||||||||||||||||||||||||||||||||
13 | (Source: P.A. 92-325, eff. 8-9-01; 93-438, eff. 8-5-03; 93-439, | ||||||||||||||||||||||||||||||||||||||||
14 | eff. 8-5-03;
93-576, eff. 1-1-04; revised
9-15-03.)
| ||||||||||||||||||||||||||||||||||||||||
15 | Section 999. Effective date. This Act takes effect upon | ||||||||||||||||||||||||||||||||||||||||
16 | becoming law. | ||||||||||||||||||||||||||||||||||||||||
| |||||||||||||||||||||||||||||||||||||||||