Illinois General Assembly - Full Text of HB0365
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Full Text of HB0365  100th General Assembly

HB0365 100TH GENERAL ASSEMBLY

  
  

 


 
100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB0365

 

Introduced , by Rep. Margo McDermed

 

SYNOPSIS AS INTRODUCED:
 
430 ILCS 66/40
720 ILCS 5/24-2

    Amends the Criminal Code of 2012. Provides an exemption for the offense of unlawful use of weapons for carrying or possessing a concealed firearm upon any public street, alley, or other public lands, or for the offense of aggravated unlawful use of a weapon by a non-resident active duty member of the United States Armed Forces if certain requirements are met. The non-resident active duty member of the United States Armed Forces must be eligible to possess and carry a firearm in public under the laws of his or her state or territory of residence; possess a valid equivalent of an Illinois Firearm Owner's Identification Card issued by his or her state or territory of residence if required by his state or territory of residence; possess valid military identification; and comply with various provisions of the Firearm Concealed Carry Act. Makes conforming changes in the Firearm Concealed Carry Act. Effective immediately.


LRB100 04738 SLF 14744 b

 

 

A BILL FOR

 

HB0365LRB100 04738 SLF 14744 b

1    AN ACT concerning public safety.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Firearm Concealed Carry Act is amended by
5changing Section 40 as follows:
 
6    (430 ILCS 66/40)
7    Sec. 40. Non-resident license applications.
8    (a) For the purposes of this Section, "non-resident" means
9a person who has not resided within this State for more than 30
10days and resides in another state or territory.
11    (b) The Department shall by rule allow for non-resident
12license applications from any state or territory of the United
13States with laws related to firearm ownership, possession, and
14carrying, that are substantially similar to the requirements to
15obtain a license under this Act.
16    (c) A resident of a state or territory approved by the
17Department under subsection (b) of this Section may apply for a
18non-resident license. The applicant shall apply to the
19Department and must meet all of the qualifications established
20in Section 25 of this Act, except for the Illinois residency
21requirement in item (xiv) of paragraph (2) of subsection (a) of
22Section 4 of the Firearm Owners Identification Card Act. The
23applicant shall submit:

 

 

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1        (1) the application and documentation required under
2    Section 30 of this Act and the applicable fee;
3        (2) a notarized document stating that the applicant:
4            (A) is eligible under federal law and the laws of
5        his or her state or territory of residence to own or
6        possess a firearm;
7            (B) if applicable, has a license or permit to carry
8        a firearm or concealed firearm issued by his or her
9        state or territory of residence and attach a copy of
10        the license or permit to the application;
11            (C) understands Illinois laws pertaining to the
12        possession and transport of firearms; and
13            (D) acknowledges that the applicant is subject to
14        the jurisdiction of the Department and Illinois courts
15        for any violation of this Act;
16        (3) a photocopy of any certificates or other evidence
17    of compliance with the training requirements under Section
18    75 of this Act; and
19        (4) a head and shoulder color photograph in a size
20    specified by the Department taken within the 30 days
21    preceding the date of the application.
22    (d) In lieu of an Illinois driver's license or Illinois
23identification card, a non-resident applicant shall provide
24similar documentation from his or her state or territory of
25residence. In lieu of a valid Firearm Owner's Identification
26Card, the applicant shall submit documentation and information

 

 

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1required by the Department to obtain a Firearm Owner's
2Identification Card, including an affidavit that the
3non-resident meets the mental health standards to obtain a
4firearm under Illinois law, and the Department shall ensure
5that the applicant would meet the eligibility criteria to
6obtain a Firearm Owner's Identification card if he or she was a
7resident of this State.
8    (e) Nothing in this Act shall prohibit a non-resident from
9transporting a concealed firearm within his or her vehicle in
10Illinois, if the concealed firearm remains within his or her
11vehicle and the non-resident:
12        (1) is not prohibited from owning or possessing a
13    firearm under federal law;
14        (2) is eligible to carry a firearm in public under the
15    laws of his or her state or territory of residence, as
16    evidenced by the possession of a concealed carry license or
17    permit issued by his or her state of residence, if
18    applicable; and
19        (3) is not in possession of a license under this Act.
20    (f) A non-resident active duty member of the United States
21Armed Forces allowed to carry a concealed firearm under
22paragraph (6) of subsection (b) of Section 24-2 of the Criminal
23Code of 2012 shall comply in the same manner as a licensee with
24the provisions under Section 65 and subsection (d) of Section
2570 of this Act and shall be subject to the same penalties as a
26licensee for a violation of those provisions.

 

 

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1    If the non-resident leaves his or her vehicle unattended,
2he or she shall store the firearm within a locked vehicle or
3locked container within the vehicle in accordance with
4subsection (b) of Section 65 of this Act.
5(Source: P.A. 98-63, eff. 7-9-13; 98-600, eff. 12-6-13; 99-78,
6eff. 7-20-15.)
 
7    Section 10. The Criminal Code of 2012 is amended by
8changing Section 24-2 as follows:
 
9    (720 ILCS 5/24-2)
10    Sec. 24-2. Exemptions.
11    (a) Subsections 24-1(a)(3), 24-1(a)(4), 24-1(a)(10), and
1224-1(a)(13) and Section 24-1.6 do not apply to or affect any of
13the following:
14        (1) Peace officers, and any person summoned by a peace
15    officer to assist in making arrests or preserving the
16    peace, while actually engaged in assisting such officer.
17        (2) Wardens, superintendents and keepers of prisons,
18    penitentiaries, jails and other institutions for the
19    detention of persons accused or convicted of an offense,
20    while in the performance of their official duty, or while
21    commuting between their homes and places of employment.
22        (3) Members of the Armed Services or Reserve Forces of
23    the United States or the Illinois National Guard or the
24    Reserve Officers Training Corps, while in the performance

 

 

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1    of their official duty.
2        (4) Special agents employed by a railroad or a public
3    utility to perform police functions, and guards of armored
4    car companies, while actually engaged in the performance of
5    the duties of their employment or commuting between their
6    homes and places of employment; and watchmen while actually
7    engaged in the performance of the duties of their
8    employment.
9        (5) Persons licensed as private security contractors,
10    private detectives, or private alarm contractors, or
11    employed by a private security contractor, private
12    detective, or private alarm contractor agency licensed by
13    the Department of Financial and Professional Regulation,
14    if their duties include the carrying of a weapon under the
15    provisions of the Private Detective, Private Alarm,
16    Private Security, Fingerprint Vendor, and Locksmith Act of
17    2004, while actually engaged in the performance of the
18    duties of their employment or commuting between their homes
19    and places of employment. A person shall be considered
20    eligible for this exemption if he or she has completed the
21    required 20 hours of training for a private security
22    contractor, private detective, or private alarm
23    contractor, or employee of a licensed private security
24    contractor, private detective, or private alarm contractor
25    agency and 20 hours of required firearm training, and has
26    been issued a firearm control card by the Department of

 

 

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1    Financial and Professional Regulation. Conditions for the
2    renewal of firearm control cards issued under the
3    provisions of this Section shall be the same as for those
4    cards issued under the provisions of the Private Detective,
5    Private Alarm, Private Security, Fingerprint Vendor, and
6    Locksmith Act of 2004. The firearm control card shall be
7    carried by the private security contractor, private
8    detective, or private alarm contractor, or employee of the
9    licensed private security contractor, private detective,
10    or private alarm contractor agency at all times when he or
11    she is in possession of a concealable weapon permitted by
12    his or her firearm control card.
13        (6) Any person regularly employed in a commercial or
14    industrial operation as a security guard for the protection
15    of persons employed and private property related to such
16    commercial or industrial operation, while actually engaged
17    in the performance of his or her duty or traveling between
18    sites or properties belonging to the employer, and who, as
19    a security guard, is a member of a security force
20    registered with the Department of Financial and
21    Professional Regulation; provided that such security guard
22    has successfully completed a course of study, approved by
23    and supervised by the Department of Financial and
24    Professional Regulation, consisting of not less than 40
25    hours of training that includes the theory of law
26    enforcement, liability for acts, and the handling of

 

 

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1    weapons. A person shall be considered eligible for this
2    exemption if he or she has completed the required 20 hours
3    of training for a security officer and 20 hours of required
4    firearm training, and has been issued a firearm control
5    card by the Department of Financial and Professional
6    Regulation. Conditions for the renewal of firearm control
7    cards issued under the provisions of this Section shall be
8    the same as for those cards issued under the provisions of
9    the Private Detective, Private Alarm, Private Security,
10    Fingerprint Vendor, and Locksmith Act of 2004. The firearm
11    control card shall be carried by the security guard at all
12    times when he or she is in possession of a concealable
13    weapon permitted by his or her firearm control card.
14        (7) Agents and investigators of the Illinois
15    Legislative Investigating Commission authorized by the
16    Commission to carry the weapons specified in subsections
17    24-1(a)(3) and 24-1(a)(4), while on duty in the course of
18    any investigation for the Commission.
19        (8) Persons employed by a financial institution as a
20    security guard for the protection of other employees and
21    property related to such financial institution, while
22    actually engaged in the performance of their duties,
23    commuting between their homes and places of employment, or
24    traveling between sites or properties owned or operated by
25    such financial institution, and who, as a security guard,
26    is a member of a security force registered with the

 

 

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1    Department; provided that any person so employed has
2    successfully completed a course of study, approved by and
3    supervised by the Department of Financial and Professional
4    Regulation, consisting of not less than 40 hours of
5    training which includes theory of law enforcement,
6    liability for acts, and the handling of weapons. A person
7    shall be considered to be eligible for this exemption if he
8    or she has completed the required 20 hours of training for
9    a security officer and 20 hours of required firearm
10    training, and has been issued a firearm control card by the
11    Department of Financial and Professional Regulation.
12    Conditions for renewal of firearm control cards issued
13    under the provisions of this Section shall be the same as
14    for those issued under the provisions of the Private
15    Detective, Private Alarm, Private Security, Fingerprint
16    Vendor, and Locksmith Act of 2004. The firearm control card
17    shall be carried by the security guard at all times when he
18    or she is in possession of a concealable weapon permitted
19    by his or her firearm control card. For purposes of this
20    subsection, "financial institution" means a bank, savings
21    and loan association, credit union or company providing
22    armored car services.
23        (9) Any person employed by an armored car company to
24    drive an armored car, while actually engaged in the
25    performance of his duties.
26        (10) Persons who have been classified as peace officers

 

 

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1    pursuant to the Peace Officer Fire Investigation Act.
2        (11) Investigators of the Office of the State's
3    Attorneys Appellate Prosecutor authorized by the board of
4    governors of the Office of the State's Attorneys Appellate
5    Prosecutor to carry weapons pursuant to Section 7.06 of the
6    State's Attorneys Appellate Prosecutor's Act.
7        (12) Special investigators appointed by a State's
8    Attorney under Section 3-9005 of the Counties Code.
9        (12.5) Probation officers while in the performance of
10    their duties, or while commuting between their homes,
11    places of employment or specific locations that are part of
12    their assigned duties, with the consent of the chief judge
13    of the circuit for which they are employed, if they have
14    received weapons training according to requirements of the
15    Peace Officer and Probation Officer Firearm Training Act.
16        (13) Court Security Officers while in the performance
17    of their official duties, or while commuting between their
18    homes and places of employment, with the consent of the
19    Sheriff.
20        (13.5) A person employed as an armed security guard at
21    a nuclear energy, storage, weapons or development site or
22    facility regulated by the Nuclear Regulatory Commission
23    who has completed the background screening and training
24    mandated by the rules and regulations of the Nuclear
25    Regulatory Commission.
26        (14) Manufacture, transportation, or sale of weapons

 

 

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1    to persons authorized under subdivisions (1) through
2    (13.5) of this subsection to possess those weapons.
3    (a-5) Subsections 24-1(a)(4) and 24-1(a)(10) do not apply
4to or affect any person carrying a concealed pistol, revolver,
5or handgun and the person has been issued a currently valid
6license under the Firearm Concealed Carry Act at the time of
7the commission of the offense.
8    (b) Subsections 24-1(a)(4) and 24-1(a)(10) and Section
924-1.6 do not apply to or affect any of the following:
10        (1) Members of any club or organization organized for
11    the purpose of practicing shooting at targets upon
12    established target ranges, whether public or private, and
13    patrons of such ranges, while such members or patrons are
14    using their firearms on those target ranges.
15        (2) Duly authorized military or civil organizations
16    while parading, with the special permission of the
17    Governor.
18        (3) Hunters, trappers or fishermen with a license or
19    permit while engaged in hunting, trapping or fishing.
20        (4) Transportation of weapons that are broken down in a
21    non-functioning state or are not immediately accessible.
22        (5) Carrying or possessing any pistol, revolver, stun
23    gun or taser or other firearm on the land or in the legal
24    dwelling of another person as an invitee with that person's
25    permission.
26        (6) A non-resident active duty member of the United

 

 

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1    States Armed Forces who:
2            (A) is eligible to possess and carry a firearm in
3        public under the laws of his or her state or territory
4        of residence;
5            (B) possesses a valid equivalent of an Illinois
6        Firearm Owner's Identification Card issued by his or
7        her state or territory of residence if required by his
8        or her state or territory of residence;
9            (C) possesses valid military identification; and
10            (D) complies in the same manner as a licensee under
11        the Firearm Concealed Carry Act with the prohibitions
12        under Section 65 (prohibited areas) and subsection (d)
13        of Section 70 (not under the influence) of that Act.
14    (c) Subsection 24-1(a)(7) does not apply to or affect any
15of the following:
16        (1) Peace officers while in performance of their
17    official duties.
18        (2) Wardens, superintendents and keepers of prisons,
19    penitentiaries, jails and other institutions for the
20    detention of persons accused or convicted of an offense.
21        (3) Members of the Armed Services or Reserve Forces of
22    the United States or the Illinois National Guard, while in
23    the performance of their official duty.
24        (4) Manufacture, transportation, or sale of machine
25    guns to persons authorized under subdivisions (1) through
26    (3) of this subsection to possess machine guns, if the

 

 

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1    machine guns are broken down in a non-functioning state or
2    are not immediately accessible.
3        (5) Persons licensed under federal law to manufacture
4    any weapon from which 8 or more shots or bullets can be
5    discharged by a single function of the firing device, or
6    ammunition for such weapons, and actually engaged in the
7    business of manufacturing such weapons or ammunition, but
8    only with respect to activities which are within the lawful
9    scope of such business, such as the manufacture,
10    transportation, or testing of such weapons or ammunition.
11    This exemption does not authorize the general private
12    possession of any weapon from which 8 or more shots or
13    bullets can be discharged by a single function of the
14    firing device, but only such possession and activities as
15    are within the lawful scope of a licensed manufacturing
16    business described in this paragraph.
17        During transportation, such weapons shall be broken
18    down in a non-functioning state or not immediately
19    accessible.
20        (6) The manufacture, transport, testing, delivery,
21    transfer or sale, and all lawful commercial or experimental
22    activities necessary thereto, of rifles, shotguns, and
23    weapons made from rifles or shotguns, or ammunition for
24    such rifles, shotguns or weapons, where engaged in by a
25    person operating as a contractor or subcontractor pursuant
26    to a contract or subcontract for the development and supply

 

 

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1    of such rifles, shotguns, weapons or ammunition to the
2    United States government or any branch of the Armed Forces
3    of the United States, when such activities are necessary
4    and incident to fulfilling the terms of such contract.
5        The exemption granted under this subdivision (c)(6)
6    shall also apply to any authorized agent of any such
7    contractor or subcontractor who is operating within the
8    scope of his employment, where such activities involving
9    such weapon, weapons or ammunition are necessary and
10    incident to fulfilling the terms of such contract.
11        (7) A person possessing a rifle with a barrel or
12    barrels less than 16 inches in length if: (A) the person
13    has been issued a Curios and Relics license from the U.S.
14    Bureau of Alcohol, Tobacco, Firearms and Explosives; or (B)
15    the person is an active member of a bona fide, nationally
16    recognized military re-enacting group and the modification
17    is required and necessary to accurately portray the weapon
18    for historical re-enactment purposes; the re-enactor is in
19    possession of a valid and current re-enacting group
20    membership credential; and the overall length of the weapon
21    as modified is not less than 26 inches.
22    (d) Subsection 24-1(a)(1) does not apply to the purchase,
23possession or carrying of a black-jack or slung-shot by a peace
24officer.
25    (e) Subsection 24-1(a)(8) does not apply to any owner,
26manager or authorized employee of any place specified in that

 

 

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1subsection nor to any law enforcement officer.
2    (f) Subsection 24-1(a)(4) and subsection 24-1(a)(10) and
3Section 24-1.6 do not apply to members of any club or
4organization organized for the purpose of practicing shooting
5at targets upon established target ranges, whether public or
6private, while using their firearms on those target ranges.
7    (g) Subsections 24-1(a)(11) and 24-3.1(a)(6) do not apply
8to:
9        (1) Members of the Armed Services or Reserve Forces of
10    the United States or the Illinois National Guard, while in
11    the performance of their official duty.
12        (2) Bonafide collectors of antique or surplus military
13    ordnance ordinance.
14        (3) Laboratories having a department of forensic
15    ballistics, or specializing in the development of
16    ammunition or explosive ordnance ordinance.
17        (4) Commerce, preparation, assembly or possession of
18    explosive bullets by manufacturers of ammunition licensed
19    by the federal government, in connection with the supply of
20    those organizations and persons exempted by subdivision
21    (g)(1) of this Section, or like organizations and persons
22    outside this State, or the transportation of explosive
23    bullets to any organization or person exempted in this
24    Section by a common carrier or by a vehicle owned or leased
25    by an exempted manufacturer.
26    (g-5) Subsection 24-1(a)(6) does not apply to or affect

 

 

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1persons licensed under federal law to manufacture any device or
2attachment of any kind designed, used, or intended for use in
3silencing the report of any firearm, firearms, or ammunition
4for those firearms equipped with those devices, and actually
5engaged in the business of manufacturing those devices,
6firearms, or ammunition, but only with respect to activities
7that are within the lawful scope of that business, such as the
8manufacture, transportation, or testing of those devices,
9firearms, or ammunition. This exemption does not authorize the
10general private possession of any device or attachment of any
11kind designed, used, or intended for use in silencing the
12report of any firearm, but only such possession and activities
13as are within the lawful scope of a licensed manufacturing
14business described in this subsection (g-5). During
15transportation, these devices shall be detached from any weapon
16or not immediately accessible.
17    (g-6) Subsections 24-1(a)(4) and 24-1(a)(10) and Section
1824-1.6 do not apply to or affect any parole agent or parole
19supervisor who meets the qualifications and conditions
20prescribed in Section 3-14-1.5 of the Unified Code of
21Corrections.
22    (g-7) Subsection 24-1(a)(6) does not apply to a peace
23officer while serving as a member of a tactical response team
24or special operations team. A peace officer may not personally
25own or apply for ownership of a device or attachment of any
26kind designed, used, or intended for use in silencing the

 

 

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1report of any firearm. These devices shall be owned and
2maintained by lawfully recognized units of government whose
3duties include the investigation of criminal acts.
4    (g-10) Subsections 24-1(a)(4), 24-1(a)(8), and
524-1(a)(10), and Sections 24-1.6 and 24-3.1 do not apply to an
6athlete's possession, transport on official Olympic and
7Paralympic transit systems established for athletes, or use of
8competition firearms sanctioned by the International Olympic
9Committee, the International Paralympic Committee, the
10International Shooting Sport Federation, or USA Shooting in
11connection with such athlete's training for and participation
12in shooting competitions at the 2016 Olympic and Paralympic
13Games and sanctioned test events leading up to the 2016 Olympic
14and Paralympic Games.
15    (h) An information or indictment based upon a violation of
16any subsection of this Article need not negative any exemptions
17contained in this Article. The defendant shall have the burden
18of proving such an exemption.
19    (i) Nothing in this Article shall prohibit, apply to, or
20affect the transportation, carrying, or possession, of any
21pistol or revolver, stun gun, taser, or other firearm consigned
22to a common carrier operating under license of the State of
23Illinois or the federal government, where such transportation,
24carrying, or possession is incident to the lawful
25transportation in which such common carrier is engaged; and
26nothing in this Article shall prohibit, apply to, or affect the

 

 

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1transportation, carrying, or possession of any pistol,
2revolver, stun gun, taser, or other firearm, not the subject of
3and regulated by subsection 24-1(a)(7) or subsection 24-2(c) of
4this Article, which is unloaded and enclosed in a case, firearm
5carrying box, shipping box, or other container, by the
6possessor of a valid Firearm Owners Identification Card.
7(Source: P.A. 98-63, eff. 7-9-13; 98-463, eff. 8-16-13; 98-725,
8eff. 1-1-15; 99-174, eff. 7-29-15; revised 10-6-16.)
 
9    Section 99. Effective date. This Act takes effect upon
10becoming law.