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Rep. Martin J. Moylan
Filed: 4/9/2014
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| 1 | | AMENDMENT TO HOUSE BILL 3986
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| 2 | | AMENDMENT NO. ______. Amend House Bill 3986 by replacing |
| 3 | | everything after the enacting clause with the following:
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| 4 | | "Section 5. The Private Detective, Private Alarm, Private |
| 5 | | Security, Fingerprint Vendor, and
Locksmith Act of 2004 is |
| 6 | | amended by changing Section 35-35 as follows:
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| 7 | | (225 ILCS 447/35-35)
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| 8 | | (Section scheduled to be repealed on January 1, 2024)
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| 9 | | Sec. 35-35. Requirement of a firearm control
card.
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| 10 | | (a) No person shall perform duties that include the use,
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| 11 | | carrying, or possession of a firearm in the performance of
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| 12 | | those duties without complying with the provisions of this
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| 13 | | Section and having been issued a valid firearm control
card by |
| 14 | | the Department.
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| 15 | | (b) No employer shall employ any person to perform the
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| 16 | | duties for which licensure or employee registration is required |
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| 1 | | and allow
that person to carry a firearm unless that person has |
| 2 | | complied
with all the firearm training requirements of this |
| 3 | | Section and
has been issued a firearm control card. This Act
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| 4 | | permits only the following to carry firearms while actually
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| 5 | | engaged in the performance of their duties or while commuting
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| 6 | | directly to or from their places of employment: persons
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| 7 | | licensed as private detectives and their registered employees;
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| 8 | | persons licensed as private security contractors and their
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| 9 | | registered employees; persons licensed as private alarm
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| 10 | | contractors and their registered employees; and employees of a
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| 11 | | registered armed proprietary security force.
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| 12 | | (c) Possession of a valid firearm control
card
allows a |
| 13 | | licensee or employee to carry a firearm not otherwise |
| 14 | | prohibited
by law while the licensee or employee is engaged in |
| 15 | | the performance of his
or her duties or while the licensee or |
| 16 | | employee is commuting directly to
or from the licensee's or |
| 17 | | employee's place or places of employment.
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| 18 | | (d) The Department shall issue a firearm control
card to a |
| 19 | | person who has passed an approved firearm training
course, who |
| 20 | | is currently licensed or employed by an agency licensed by
this |
| 21 | | Act and has met all the requirements of this Act, and who
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| 22 | | possesses a valid firearm owner identification card.
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| 23 | | Application for the firearm control card shall be made
by the |
| 24 | | employer to the Department on forms provided by the
Department. |
| 25 | | The Department shall forward the card to the
employer who shall |
| 26 | | be responsible for its issuance to the licensee or
employee. |
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| 1 | | The firearm control card shall be issued by
the Department and |
| 2 | | shall identify the person holding it and
the name of the course |
| 3 | | where the licensee or employee received firearm
instruction and |
| 4 | | shall specify the type of weapon or weapons
the person is |
| 5 | | authorized by the Department to carry and for
which the person |
| 6 | | has been trained. A firearm control card shall contain a recent |
| 7 | | photograph of the licensee or employee printed on the card.
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| 8 | | (e) Expiration and requirements for renewal of firearm |
| 9 | | control cards shall be determined by rule.
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| 10 | | (f) The Department may, in addition to any other
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| 11 | | disciplinary action permitted by this Act, refuse to issue,
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| 12 | | suspend, or revoke a firearm control card if the
applicant or |
| 13 | | holder has been convicted of any felony or crime
involving the |
| 14 | | illegal use, carrying, or possession of a deadly
weapon or for |
| 15 | | a violation of this Act or rules promulgated
under this Act. |
| 16 | | The Department shall refuse to issue or shall
revoke a firearm |
| 17 | | control card if the applicant or holder
fails to possess a |
| 18 | | valid firearm owners identification card without hearing.
The |
| 19 | | Secretary shall summarily suspend a firearm control
card if the |
| 20 | | Secretary finds that its continued use would
constitute an |
| 21 | | imminent danger to the public. A hearing shall
be held before |
| 22 | | the Board within 30 days if the Secretary
summarily suspends a |
| 23 | | firearm control card.
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| 24 | | (g) Notwithstanding any other provision of this Act to the
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| 25 | | contrary, all requirements relating to firearms control
cards |
| 26 | | do not apply to a peace officer.
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| 1 | | (h) The Department may issue a temporary firearm control |
| 2 | | card pending issuance of a new firearm control card upon an |
| 3 | | agency's acquiring of an established armed account. An agency |
| 4 | | that has acquired armed employees as a result of acquiring an |
| 5 | | established armed account may, on forms supplied by the |
| 6 | | Department, request the issuance of a temporary firearm control |
| 7 | | card for each acquired employee who held a valid firearm |
| 8 | | control card under his or her employment with the newly |
| 9 | | acquired established armed account immediately preceding the |
| 10 | | acquiring of the account and who continues to meet all of the |
| 11 | | qualifications for issuance of a firearm control card set forth |
| 12 | | in this Act and any rules adopted under this Act. The |
| 13 | | Department shall, by rule, set the fee for issuance of a |
| 14 | | temporary firearm control card.
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| 15 | | (i) The Department shall not issue a firearm control card |
| 16 | | to a licensed fingerprint vendor or a licensed locksmith or |
| 17 | | employees of a licensed fingerprint vendor agency or a licensed |
| 18 | | locksmith agency.
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| 19 | | (Source: P.A. 98-253, eff. 8-9-13.)".
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