SB3149 103RD GENERAL ASSEMBLY

LRB103 36719 RLC 66829 b

103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
SB3149

Introduced 2/6/2024, by Sen. Steve Stadelman

SYNOPSIS AS INTRODUCED:

New Act
430 ILCS 66/75

Creates the Firearm Hold Agreement Act. Provides that a Federal Firearms Licensee may enter into a firearm hold agreement with a firearm owner. Provides that the firearm hold agreement may not require the payment of a fee to the licensee in exchange for storing the firearm. Defines a "firearm hold agreement" as a private transaction between a Federal Firearms Licensee and an individual firearms owner in which the licensee takes physical possession of the owner's lawfully possessed, locked firearm at the owner's request, stores the locked firearm for an agreed-upon period of time, and returns the locked firearm to the owner according to the terms of the agreement. Provides that a Federal Firearms Licensee who takes physical possession of a locked firearm pursuant to a firearm hold agreement, and who stores the locked firearm, is immune from civil liability arising from taking possession of the firearm, storing the firearm, or returning the firearm to the owner, except: (1) when the licensee returns the firearm to a person the licensee knows, or reasonably should know, is a danger to self or others; and (2) in a civil action based upon the licensee's negligence or unlawful conduct. Provides that the Department of Human Services, subject to appropriation, shall create a grant program to fund the storage of firearms pursuant to firearm hold agreements. Provides that the Department shall establish grant eligibility criteria and an application and selection process for the program. Provides that grant funds may be used: (1) to train staff at a firearm retailer or firearm range on how to recognize a person who may be considering suicide; (2) to provide suicide prevention materials for distribution at a firearm retailer or firearm range; or (3) to provide voluntary, temporary firearm storage pursuant to a firearm hold agreement. Amends the Firearm Concealed Carry Act. Provides that an applicant for a new firearm concealed carry license shall receive training in the use of firearm hold agreements for firearm suicide prevention.

A BILL FOR

AN ACT concerning firearms.

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

Section 1. Short title. This Act may be cited as the Firearm Hold Agreement Act.

Section 5. Definitions. In this Act:

"Certified licensee" has the meaning given the term in Section 5-5 of the Firearm Dealer License Certification Act.

"Department" means the Department of Human Services.

"Firearm" has the meaning given the term in Section 1.1 of the Firearm Owners Identification Card Act.

"Firearm hold agreement" means a private transaction between a certified licensee and an individual firearms owner, in which the licensee takes physical possession of the owner's lawfully possessed, locked firearm at the owner's request, stores the locked firearm for an agreed-upon period of time, and returns the locked firearm to the owner according to the terms of the agreement.

"Licensee" means a person, firm, corporation, or other entity who has been given, and is currently in possession of, a valid Federal Firearms License.

"Locked" means that a firearm is secured with an engaged trigger or cable lock or in a locked container.

Section 10. Firearm hold agreement. A certified licensee may enter into a firearm hold agreement with a firearm owner. The firearm hold agreement may not require the payment of a fee to the licensee in exchange for storing the firearm.

Section 15. Immunity from civil liability. A certified licensee who takes physical possession of a locked firearm pursuant to a firearm hold agreement, and who stores the locked firearm, is immune from civil liability arising from taking possession of the firearm, storing the firearm or returning the firearm to the owner, except:

(1) when the licensee returns the firearm to a person the licensee knows, or reasonably should know, is a danger to self or others; and

(2) in a civil action based upon the licensee's negligence or unlawful conduct.

Section 20. Department of Human Services grant program for firearm storage. The Department of Human Services, subject to appropriation, shall create a grant program to fund the storage of firearms pursuant to firearm hold agreements. The Department shall establish grant eligibility criteria and an application and selection process for the program. A certified licensee who intends to store or is storing a firearm pursuant to a firearm hold agreement may apply to the Department for a grant. Grant funds awarded under this Section may be used for any of the following:

(1) to train staff at a firearm retailer or firearm range on how to recognize a person who may be considering suicide;

(2) to provide suicide prevention materials for distribution at a firearm retailer or firearm range; or

(3) to provide voluntary, temporary firearm storage pursuant to a firearm hold agreement.

The Department shall adopt rules to carry out the provisions of this Section.

Section 90. The Firearm Concealed Carry Act is amended by changing Section 75 as follows:

(430 ILCS 66/75)

Sec. 75. Applicant firearm training.

(a) Within 60 days of the effective date of this Act, the Illinois State Police shall begin approval of firearm training courses and shall make a list of approved courses available on the Illinois State Police's website.

(b) An applicant for a new license shall provide proof of completion of a firearms training course or combination of courses approved by the Illinois State Police of at least 16 hours, which includes range qualification time under subsection (c) of this Section, that covers the following:

(1) firearm safety;

(2) the basic principles of marksmanship;

(3) care, cleaning, loading, and unloading of a concealable firearm;

(4) all applicable State and federal laws relating to the ownership, storage, carry, and transportation of a firearm; and

(5) instruction on the appropriate and lawful interaction with law enforcement while transporting or carrying a concealed firearm; and

(6) the use of firearm hold agreements for firearm suicide prevention.

(c) An applicant for a new license shall provide proof of certification by a certified instructor that the applicant passed a live fire exercise with a concealable firearm consisting of:

(1) a minimum of 30 rounds; and

(2) 10 rounds from a distance of 5 yards; 10 rounds from a distance of 7 yards; and 10 rounds from a distance of 10 yards at a B-27 silhouette target approved by the Illinois State Police.

(d) An applicant for renewal of a license shall provide proof of completion of a firearms training course or combination of courses approved by the Illinois State Police of at least 3 hours.

(e) A certificate of completion for an applicant's firearm training course shall not be issued to a student who:

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

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

(3) during the range firing portion of testing fails to hit the target with 70% of the rounds fired.

(f) An instructor shall maintain a record of each student's performance for at least 5 years, and shall make all records available upon demand of authorized personnel of the Illinois State Police.

(g) The Illinois State Police and certified firearms instructors shall recognize up to 8 hours of training already completed toward the 16 hour training requirement under this Section if the training course is submitted to and approved by the Illinois State Police. Any remaining hours that the applicant completes must at least cover the classroom subject matter of paragraph (4) of subsection (b) of this Section, and the range qualification in subsection (c) of this Section.

(h) A person who has qualified to carry a firearm as an active law enforcement or corrections officer, who has successfully completed firearms training as required by his or her law enforcement agency and is authorized by his or her agency to carry a firearm; a person currently certified as a firearms instructor by this Act or by the Illinois Law Enforcement Training Standards Board; or a person who has completed the required training and has been issued a firearm control card by the Department of Financial and Professional Regulation shall be exempt from the requirements of this Section.

(i) The Illinois State Police and certified firearms instructors shall recognize 8 hours of training as completed toward the 16 hour training requirement under this Section, if the applicant is an active, retired, or honorably discharged member of the United States Armed Forces. Any remaining hours that the applicant completes must at least cover the classroom subject matter of paragraph (4) of subsection (b) of this Section, and the range qualification in subsection (c) of this Section.

(j) The Illinois State Police and certified firearms instructors shall recognize up to 8 hours of training already completed toward the 16 hour training requirement under this Section if the training course is approved by the Illinois State Police and was completed in connection with the applicant's previous employment as a law enforcement or corrections officer. Any remaining hours that the applicant completes must at least cover the classroom subject matter of paragraph (4) of subsection (b) of this Section, and the range qualification in subsection (c) of this Section. A former law enforcement or corrections officer seeking credit under this subsection (j) shall provide evidence that he or she separated from employment in good standing from each law enforcement agency where he or she was employed. An applicant who was discharged from a law enforcement agency for misconduct or disciplinary reasons is not eligible for credit under this subsection (j).

(Source: P.A. 102-538, eff. 8-20-21.)