Illinois General Assembly - Full Text of SB3149
Illinois General Assembly

  Bills & Resolutions  
  Compiled Statutes  
  Public Acts  
  Legislative Reports  
  IL Constitution  
  Legislative Guide  
  Legislative Glossary  

 Search By Number
 (example: HB0001)
Search Tips

Search By Keyword

Full Text of SB3149  103rd General Assembly

SB3149 103RD GENERAL ASSEMBLY

 


 
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.


LRB103 36719 RLC 66829 b

 

 

A BILL FOR

 

SB3149LRB103 36719 RLC 66829 b

1    AN ACT concerning firearms.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 1. Short title. This Act may be cited as the
5Firearm Hold Agreement Act.
 
6    Section 5. Definitions. In this Act:
7    "Certified licensee" has the meaning given the term in
8Section 5-5 of the Firearm Dealer License Certification Act.
9    "Department" means the Department of Human Services.
10    "Firearm" has the meaning given the term in Section 1.1 of
11the Firearm Owners Identification Card Act.
12    "Firearm hold agreement" means a private transaction
13between a certified licensee and an individual firearms owner,
14in which the licensee takes physical possession of the owner's
15lawfully possessed, locked firearm at the owner's request,
16stores the locked firearm for an agreed-upon period of time,
17and returns the locked firearm to the owner according to the
18terms of the agreement.
19    "Licensee" means a person, firm, corporation, or other
20entity who has been given, and is currently in possession of, a
21valid Federal Firearms License.
22    "Locked" means that a firearm is secured with an engaged
23trigger or cable lock or in a locked container.
 

 

 

SB3149- 2 -LRB103 36719 RLC 66829 b

1    Section 10. Firearm hold agreement. A certified licensee
2may enter into a firearm hold agreement with a firearm owner.
3The firearm hold agreement may not require the payment of a fee
4to the licensee in exchange for storing the firearm.
 
5    Section 15. Immunity from civil liability. A certified
6licensee who takes physical possession of a locked firearm
7pursuant to a firearm hold agreement, and who stores the
8locked firearm, is immune from civil liability arising from
9taking possession of the firearm, storing the firearm or
10returning the firearm to the owner, except:
11        (1) when the licensee returns the firearm to a person
12    the licensee knows, or reasonably should know, is a danger
13    to self or others; and
14        (2) in a civil action based upon the licensee's
15    negligence or unlawful conduct.
 
16    Section 20. Department of Human Services grant program for
17firearm storage. The Department of Human Services, subject to
18appropriation, shall create a grant program to fund the
19storage of firearms pursuant to firearm hold agreements. The
20Department shall establish grant eligibility criteria and an
21application and selection process for the program. A certified
22licensee who intends to store or is storing a firearm pursuant
23to a firearm hold agreement may apply to the Department for a

 

 

SB3149- 3 -LRB103 36719 RLC 66829 b

1grant. Grant funds awarded under this Section may be used for
2any of the following:
3        (1) to train staff at a firearm retailer or firearm
4    range on how to recognize a person who may be considering
5    suicide;
6        (2) to provide suicide prevention materials for
7    distribution at a firearm retailer or firearm range; or
8        (3) to provide voluntary, temporary firearm storage
9    pursuant to a firearm hold agreement.
10    The Department shall adopt rules to carry out the
11provisions of this Section.
 
12    Section 90. The Firearm Concealed Carry Act is amended by
13changing Section 75 as follows:
 
14    (430 ILCS 66/75)
15    Sec. 75. Applicant firearm training.
16    (a) Within 60 days of the effective date of this Act, the
17Illinois State Police shall begin approval of firearm training
18courses and shall make a list of approved courses available on
19the Illinois State Police's website.
20    (b) An applicant for a new license shall provide proof of
21completion of a firearms training course or combination of
22courses approved by the Illinois State Police of at least 16
23hours, which includes range qualification time under
24subsection (c) of this Section, that covers the following:

 

 

SB3149- 4 -LRB103 36719 RLC 66829 b

1        (1) firearm safety;
2        (2) the basic principles of marksmanship;
3        (3) care, cleaning, loading, and unloading of a
4    concealable firearm;
5        (4) all applicable State and federal laws relating to
6    the ownership, storage, carry, and transportation of a
7    firearm; and
8        (5) instruction on the appropriate and lawful
9    interaction with law enforcement while transporting or
10    carrying a concealed firearm; and
11        (6) the use of firearm hold agreements for firearm
12    suicide prevention.
13    (c) An applicant for a new license shall provide proof of
14certification by a certified instructor that the applicant
15passed a live fire exercise with a concealable firearm
16consisting of:
17        (1) a minimum of 30 rounds; and
18        (2) 10 rounds from a distance of 5 yards; 10 rounds
19    from a distance of 7 yards; and 10 rounds from a distance
20    of 10 yards at a B-27 silhouette target approved by the
21    Illinois State Police.
22    (d) An applicant for renewal of a license shall provide
23proof of completion of a firearms training course or
24combination of courses approved by the Illinois State Police
25of at least 3 hours.
26    (e) A certificate of completion for an applicant's firearm

 

 

SB3149- 5 -LRB103 36719 RLC 66829 b

1training course shall not be issued to a student who:
2        (1) does not follow the orders of the certified
3    firearms instructor;
4        (2) in the judgment of the certified instructor,
5    handles a firearm in a manner that poses a danger to the
6    student or to others; or
7        (3) during the range firing portion of testing fails
8    to hit the target with 70% of the rounds fired.
9    (f) An instructor shall maintain a record of each
10student's performance for at least 5 years, and shall make all
11records available upon demand of authorized personnel of the
12Illinois State Police.
13    (g) The Illinois State Police and certified firearms
14instructors shall recognize up to 8 hours of training already
15completed toward the 16 hour training requirement under this
16Section if the training course is submitted to and approved by
17the Illinois State Police. Any remaining hours that the
18applicant completes must at least cover the classroom subject
19matter of paragraph (4) of subsection (b) of this Section, and
20the range qualification in subsection (c) of this Section.
21    (h) A person who has qualified to carry a firearm as an
22active law enforcement or corrections officer, who has
23successfully completed firearms training as required by his or
24her law enforcement agency and is authorized by his or her
25agency to carry a firearm; a person currently certified as a
26firearms instructor by this Act or by the Illinois Law

 

 

SB3149- 6 -LRB103 36719 RLC 66829 b

1Enforcement Training Standards Board; or a person who has
2completed the required training and has been issued a firearm
3control card by the Department of Financial and Professional
4Regulation shall be exempt from the requirements of this
5Section.
6    (i) The Illinois State Police and certified firearms
7instructors shall recognize 8 hours of training as completed
8toward the 16 hour training requirement under this Section, if
9the applicant is an active, retired, or honorably discharged
10member of the United States Armed Forces. Any remaining hours
11that the applicant completes must at least cover the classroom
12subject matter of paragraph (4) of subsection (b) of this
13Section, and the range qualification in subsection (c) of this
14Section.
15    (j) The Illinois State Police and certified firearms
16instructors shall recognize up to 8 hours of training already
17completed toward the 16 hour training requirement under this
18Section if the training course is approved by the Illinois
19State Police and was completed in connection with the
20applicant's previous employment as a law enforcement or
21corrections officer. Any remaining hours that the applicant
22completes must at least cover the classroom subject matter of
23paragraph (4) of subsection (b) of this Section, and the range
24qualification in subsection (c) of this Section. A former law
25enforcement or corrections officer seeking credit under this
26subsection (j) shall provide evidence that he or she separated

 

 

SB3149- 7 -LRB103 36719 RLC 66829 b

1from employment in good standing from each law enforcement
2agency where he or she was employed. An applicant who was
3discharged from a law enforcement agency for misconduct or
4disciplinary reasons is not eligible for credit under this
5subsection (j).
6(Source: P.A. 102-538, eff. 8-20-21.)