HB5649 97TH GENERAL ASSEMBLY

LRB097 18741 RLC 63976 b

97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB5649

Introduced 2/15/2012, by Rep. Roger L. Eddy

SYNOPSIS AS INTRODUCED:

See Index

Creates the Stun Gun and Taser Concealed Carry Licensing Act. Provides that the Department of State Police shall issue a license authorizing a person to carry or possess a concealed stun gun or taser on or about his or her person to an applicant who: (1) is at least 18 years of age; (2) possesses a valid Firearm Owner's Identification Card; (3) pays a license fee prescribed by the Department; (4) is not prohibited from possessing a firearm under the federal Gun Control Act of 1968, the Firearm Owners Identification Card Act, or the Deadly Weapons Article of the Criminal Code of 1961; and (5) demonstrates to the Department completion of a training course approved by the Department in the safe handling of a stun gun or taser and the laws concerning the justified use of force in defense of the person. Provides that a person issued a license to carry a concealed stun gun or taser may carry a stun gun or taser concealed upon his or her person and may use a stun gun or taser against another person in the exercise of reasonable force in defense of his or her person or in defense of other persons if the use of that force is justified under the Justifiable Use of Force Article of the Criminal Code of 1961. Prohibits the knowing carrying of a concealed stun gun or taser in certain places. Amends the Criminal Code of 1961. Provides that the unlawful use of weapons statute and the aggravated unlawful use of a weapon statute does not apply to or affect a licensee under the Stun Gun and Taser Concealed Carry Licensing Act, notwithstanding the provisions of that Act prohibiting the carrying of a concealed stun gun or taser in certain places, if the licensee meets the requirements of that Act. Effective immediately.

CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning stun guns and tasers.

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 Stun Gun and Taser Concealed Carry Licensing Act.

Section 5. Definitions. In this Act:

"Department" means the Department of State Police.

"Peace officer" means (i) any person who by virtue of his or her office or public employment is vested by law with a duty to maintain public order or to make arrests for offenses, whether that duty extends to all offenses or is limited to specific offenses, or (ii) any person who, by statute, is granted and authorized to exercise powers similar to those conferred upon any peace officer employed by a law enforcement agency of this State.

"Stun gun or taser", means (i) any device which is powered by electrical charging units, such as, batteries, and which fires one or several barbs attached to a length of wire and which, upon hitting a human, can send out a current capable of disrupting the person's nervous system in such a manner as to render him incapable of normal functioning or (ii) any device which is powered by electrical charging units, such as batteries, and which, upon contact with a human or clothing worn by a human, can send out current capable of disrupting the person's nervous system in such a manner as to render him incapable of normal functioning.

Section 10. License.

(a) The Department shall issue a license authorizing a person to carry or possess a concealed stun gun or taser on or about his or her person to an applicant who meets the following qualifications:

(1) the applicant must be at least 18 years of age;

(2) the applicant must possess a valid Firearm Owner's Identification Card issued in his or her name by the Department;

(3) the applicant must pay a license fee prescribed by the Department;

(4) the applicant must not be prohibited from possessing a firearm under the federal Gun Control Act of 1968, the Firearm Owners Identification Card Act, or Article 24 of the Criminal Code of 1961; and

(5) the applicant must demonstrate to the Department completion of a training course approved by the Department in the safe handling of a stun gun or taser and the laws concerning the justified use of force in defense of the person.

(b) The Department shall establish the duration of a license.

(c) Every person applying for a license from the Department shall file with the Department, a verified written application in the form to be prescribed by the Department. The Department shall make applications for a license available no later than 180 days after the effective date of this Act.

(d) The Department may establish the grounds, notice, and hearing procedures for revocation of licenses issued under this Section.

(e) The Department shall develop a standardized training course taught by qualified stun gun or taser instructor within the Department or approved by the Department.

Section 15. Scope of license. A person who has been issued a license to carry a concealed stun gun or taser may carry a stun gun or taser concealed upon his or her person and may use a stun gun or taser against another person in the exercise of reasonable force in defense of his or her person or in defense of other persons if the use of that force is justified under Section 7-1 of the Criminal Code of 1961.

Section 20. Prohibited use.

(a) A person under 18 years of age may not knowingly use or possess a stun gun or taser.

(b) A person shall not knowingly use a stun gun or taser on or against a peace officer or a person whom he or she reasonably believes to be a peace officer while that person is in the performance of his or her official duties.

Section 25. Carrying of a stun gun or taser in specific places prohibited.

(a) No license issued under this Act shall authorize any person to knowingly carry a concealed stun gun or taser into:

(1) Any building under the control of the Governor, Lieutenant Governor, Attorney General, Secretary of State, Comptroller, or Treasurer.

(2) Any building under control of the General Assembly or any of its support service agencies, including the portion of a building in which a committee of the General Assembly convenes for the purpose of conducting meetings of committees, joint committees, or legislative commissions.

(3) Any courthouse or building occupied in whole or in part by the Circuit, Appellate, or Supreme Court or a room designated as a courtroom for court proceedings by any of these courts.

(4) Any meeting of the governing body of a unit of local government or special district.

(5) Any establishment licensed to dispense alcoholic beverages for consumption on the premises if less than 50% of its annual gross income comes from the sale of food.

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

(7) Any place where the carrying of a stun gun, taser, or similar device is prohibited by federal law.

(8) Any elementary or secondary school without the consent of school authorities. School authorities shall inform the appropriate law enforcement agency and any law enforcement personnel on site of such consent.

(9) Any portion of a building used as a child care facility without the consent of the manager. Nothing in this subsection shall prevent the operator of a child care facility in a family home from owning or possessing a taser or stun gun or license.

(10) Any gaming facility licensed under the Riverboat Gambling Act or the Illinois Horse Racing Act of 1975.

(11) Any gated area of an amusement park.

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

(13) A mental health or developmental disabilities facility.

(14) Any community college, college, or university campus without consent of the school authorities. School authorities shall inform the appropriate law enforcement agency and any law enforcement personnel on site of such consent.

(15) A library without the written consent of the library's governing body. The governing body shall inform the appropriate law enforcement agency of such consent.

(16) Any police, sheriff, or State Police office or station without the consent of the chief law enforcement officer in charge of that office or station.

(17) Any adult or juvenile detention or correctional institution, prison, or jail.

(b) A municipality or school district may prohibit or limit licensees from carrying a concealed stun gun or taser into or within any building owned, leased, or controlled by that municipality or school district by a majority vote of members of its governing board. A resolution or ordinance shall not prohibit a licensee from carrying a concealed stun gun or taser in any building used for public housing, on any sidewalk, on any highway or roadway, or in any public restroom. A resolution or ordinance shall not prohibit a licensee from carrying a concealed stun gun or taser in a public transportation facility or while accessing the services of a public transportation agency. For purposes of this subsection (b), "public transportation facility" means a terminal or other place where one may obtain public transportation. For purposes of this subsection (b), "public transportation agency" means a public or private agency that provides for the transportation or conveyance of persons by means available to the general public, except for transportation by automobiles not used for conveyance of the general public as passengers. The resolution or ordinance may specify that persons violating the resolution or ordinance may be denied entrance to the building and subjected to a civil fine of no more than $100 for any violation of the provisions of the resolution or ordinance.

(c) The owner, business or commercial lessee, or manager of a private business enterprise, or any other private organization, entity, or person, may prohibit licensees from carrying a concealed stun gun or taser on the premises under its control. However, any owner shall allow for any lessee to carry or possess a concealed stun gun or taser in accordance with this Act in any part of a building or upon any property he or she leases.

(d) Any person licensed under this Act who is prohibited from carrying a concealed stun gun or taser into a building or on the premises as specified in subsection (a) or designated in accordance with subsection (b) or (c) shall be permitted to store the stun gun or taser out of plain sight in a locked vehicle or in a locked compartment or container within his or her vehicle. A licensee shall not be in violation of this Section while he or she is traveling along a public right of way that touches or crosses any of the premises specified in subsection (a) or designated under subsection (b) or (c) if the stun gun or taser is carried on his or her person in accordance with the provisions of this Act or is being transported in a vehicle by the licensee in accordance with all other applicable provisions of law.

(e) If a law enforcement officer initiates an investigative stop, including but not limited to a traffic stop, of a licensee who is carrying a concealed stun gun or taser, the licensee shall immediately disclose to the officer that he or she is in possession of a concealed firearm pursuant to this Act.

(f) A licensee shall not carry a concealed stun gun or taser while under the influence of illegal drugs or hallucinogenic drugs or alcohol. For the purposes of this subsection (f), under the influence of alcohol means a blood alcohol content of .08 or greater.

Section 30. Sentence.

(a) A person who carries a concealed stun gun or taser in violation of this Act shall be punished as provided in Section 24-1 or 24-1.6 of the Criminal Code of 1961.

(b) A stun gun or taser used in the commission of a crime shall legally constitute a deadly weapon under Article 24 of the Criminal Code of 1961.

Section 105. The Criminal Code of 1961 is amended by changing Section 24-2 as follows:

(720 ILCS 5/24-2)

Sec. 24-2. Exemptions.

(a) Subsections 24-1(a)(3), 24-1(a)(4), 24-1(a)(10), and 24-1(a)(13) 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, Fingerprint Vendor, 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, Fingerprint Vendor, 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 control card by the Department of Professional Regulation. Conditions for the renewal of firearm control 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, Fingerprint Vendor, and Locksmith Act of 2004. Such firearm control 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 control card by the Department of Professional Regulation. Conditions for renewal of firearm control 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, Fingerprint Vendor, and Locksmith Act of 2004. Such firearm control 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 or possessing any pistol, revolver, stun gun or taser or other firearm on the land or in the legal dwelling of another person as an invitee with that person's permission.

(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.

(7) An active member of a bona fide, nationally recognized military re-enacting group possessing a vintage rifle or modern reproduction thereof with a barrel or barrels less than 16 inches in length for the purpose of using the rifle during historical re-enactments if: (A) the person has been issued a Curios and Relics license from the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives; or (B) the modification is required and necessary to accurately portray the weapon for historical re-enactment purposes; the re-enactor is in possession of a valid and current re-enacting group membership credential; and the overall length of the weapon as modified is not less than 26 inches.

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.

(g-6) Subsections 24-1(a)(4) and 24-1(a)(10) and Section 24-1.6 do not apply to or affect any parole agent or parole supervisor who meets the qualifications and conditions prescribed in Section 3-14-1.5 of the Unified Code of Corrections.

(g-10) Subsections 24-1(a)(4), 24-1(a)(8), and 24-1(a)(10), and Sections 24-1.6 and 24-3.1 do not apply to an athlete's possession, transport on official Olympic and Paralympic transit systems established for athletes, or use of competition firearms sanctioned by the International Olympic Committee, the International Paralympic Committee, the International Shooting Sport Federation, or USA Shooting in connection with such athlete's training for and participation in shooting competitions at the 2016 Olympic and Paralympic Games and sanctioned test events leading up to the 2016 Olympic and Paralympic Games.

(g-11) Subsections 24-1(a)(4) and 24-1(a)(10) and Section 24-1.6 do not apply to or affect a licensee under the Stun Gun and Taser Concealed Carry Licensing Act, notwithstanding Section 25 of that Act, if the licensee meets the requirements of that Act.

(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. 96-7, eff. 4-3-09; 96-230, eff. 1-1-10; 96-742, eff. 8-25-09; 96-1000, eff. 7-2-10; 97-465, eff. 8-22-11.)

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