Full Text of SB2188 93rd General Assembly
SB2188sam002 93RD GENERAL ASSEMBLY
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Sen. Edward Petka
Filed: 3/23/2004
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LRB093 18296 RLC 48960 a |
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| AMENDMENT TO SENATE BILL 2188
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| AMENDMENT NO. ______. Amend Senate Bill 2188, AS AMENDED, | 3 |
| by replacing everything after the enacting clause with the | 4 |
| following:
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| "Section 1. Short title. This Act may be cited as the | 6 |
| Retired Officers
Security Act.
| 7 |
| Section 5. Legislative declaration. The General Assembly | 8 |
| finds that as a
matter of public policy it
is necessary to | 9 |
| provide statewide uniform standards for issuing permits to
| 10 |
| carry concealed
firearms for retired peace officers and that no | 11 |
| person who does not qualify
under the provisions of
this Act | 12 |
| receives a permit to carry concealed firearms. The General | 13 |
| Assembly
recognizes that it
already regulates the use and | 14 |
| possession of concealed firearms under Sections
24-1 and 24-1.6
| 15 |
| of the Criminal Code of 1961 and that the regulation of | 16 |
| concealed firearms is
an exclusive
statewide function. The | 17 |
| General Assembly does not delegate to the Department of
State | 18 |
| Police
the authority to regulate or restrict the issuing of | 19 |
| concealed firearms permits
provided for in this
Act beyond | 20 |
| those provisions contained in this Act.
| 21 |
| Section 10. Definitions. As used in this Act:
| 22 |
| "Concealed firearm" means a handgun carried on or about a | 23 |
| person completely
or mostly
concealed from view of the public, |
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| or carried in a vehicle in such a way as it
is concealed from
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| view of the public.
| 3 |
| "Department" means the Department of State Police.
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| "Director" means the Director of State Police.
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| "Fund" means the Retired Officers Security Trust Fund.
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| "Handgun" has the meaning ascribed to it in subsection | 7 |
| (A)(h) of Section 24-3
of the Criminal
Code of 1961.
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| "Permit" means a permit to carry a concealed firearm issued | 9 |
| by the Department
of State Police.
| 10 |
| "Permittee" means a person who is issued a permit to carry | 11 |
| a concealed
firearm by the
Department of State Police.
| 12 |
| Section 15. Retired Officers Security Fund.
| 13 |
| (a) There is created the Retired Officers Security Trust | 14 |
| Fund. The Fund shall
be maintained apart
from the State | 15 |
| treasury and shall be administered by the Department. Moneys
| 16 |
| from federal and State sources may be deposited into the Fund. | 17 |
| Fees from
applications for new,
renewal, corrected, and | 18 |
| duplicate concealed firearms permits shall be deposited
into
| 19 |
| the Fund. The Department may invest the moneys in the Fund, and | 20 |
| any income on
these
investments shall be reinvested in the | 21 |
| Fund.
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| (b) The Department shall use the moneys in the Fund | 23 |
| exclusively for the
administration of this
Act.
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| Section 20. Permit for concealed firearms.
The Department | 25 |
| of State Police is authorized to issue permits to carry
| 26 |
| concealed firearms to
persons qualified as provided in this | 27 |
| Act. Permits to carry a concealed firearm
shall be valid
| 28 |
| throughout the State for a period of 5 years from the date of
| 29 |
| issuance. Any person in compliance with the terms of the permit | 30 |
| may carry
concealed firearms
on or about his or her person. The | 31 |
| permittee shall carry the permit at all
times the permittee is
| 32 |
| carrying a concealed firearm and shall display the permit upon |
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| the request of a
law enforcement
officer. The permit is valid | 2 |
| throughout the State.
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| Section 25. Application for permit and qualifications of | 4 |
| applicants.
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| (a) An applicant for a permit shall obtain the application | 6 |
| from the
Department of State Police. The
completed application | 7 |
| and all accompanying material plus an application fee of
$100 | 8 |
| for a new
permit or $100 for a renewal shall be submitted to | 9 |
| the Department of State
Police. The Department of State Police | 10 |
| may promulgate rules for the use of this fee that are not | 11 |
| inconsistent with this Act.
| 12 |
| (b) The Department of State Police, upon a person's | 13 |
| application for a
concealed firearms permit,
upon receipt of | 14 |
| the appropriate fees, and after compliance with the procedures
| 15 |
| set out in this
Section, shall issue the applicant a concealed | 16 |
| firearms permit if the person:
| 17 |
| (1) resides within the State of Illinois and has been a | 18 |
| resident for the
last
6 months and is a
permanent resident | 19 |
| of the United States;
| 20 |
| (2) has not been convicted of a crime punishable by | 21 |
| imprisonment for a term
exceeding one
year, or of a | 22 |
| misdemeanor evidencing violence, is not free on any form of | 23 |
| bond
or pretrial release for any offense that would | 24 |
| prohibit the person from obtaining a permit under this Act,
| 25 |
| and has no outstanding warrants for those crimes;
| 26 |
| (3) has no record of mental disease or mental illness | 27 |
| on file with the
Department of State Police, the Department | 28 |
| of Human Services, or any other State or federal agencies
| 29 |
| that would evidence incapacity, or lack of proper mental | 30 |
| capacity;
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| (4) has not been committed to a state or federal | 32 |
| facility for the abuse of
a controlled substance
or | 33 |
| cannabis or has not been convicted of a misdemeanor |
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| violation of the
Illinois Controlled
Substances Act or the | 2 |
| Cannabis Control Act or similar laws of any other state
| 3 |
| relating to
controlled substances or cannabis within a | 4 |
| 10-year period immediately preceding
the date on
which the | 5 |
| application is submitted; and
| 6 |
| (5) shows proof that he or she either:
| 7 |
| (A) is a graduate of a police training institute or | 8 |
| police academy, who after
graduating served for at | 9 |
| least
10 years as a sworn, full-time peace officer | 10 |
| qualified to carry firearms for
any federal or State
| 11 |
| department or agency or for any unit of local | 12 |
| government of Illinois and has
retired as a local,
| 13 |
| State, or federal peace officer in a publicly created | 14 |
| peace officer retirement
system; whose
service in law | 15 |
| enforcement was honorably terminated through | 16 |
| retirement or
disability and not as a
result of | 17 |
| discipline, suspension, discharge, or decertification | 18 |
| by the Illinois
Law Enforcement Training Standards | 19 |
| Board; or
| 20 |
| (B) earned the Military Occupation Specialty (MOS) | 21 |
| of a military police officer, investigator, or its | 22 |
| equivalent in any of the Armed Forces and served for at | 23 |
| least 10 years as a member of the United States Armed
| 24 |
| Forces, which service
was honorably terminated and not | 25 |
| as a result of discipline, suspension, or dishonorable
| 26 |
| discharge.
| 27 |
| Section 30. Contents of application. The initial | 28 |
| application shall be in
writing, submitted under oath and
under | 29 |
| the penalties of perjury, on a standard form promulgated by the
| 30 |
| Department of State Police,
and shall be accompanied by the | 31 |
| appropriate fees and required documentation.
The application
| 32 |
| shall contain only the following information:
| 33 |
| (1) the applicant's name, address, gender, and date and |
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| place of birth;
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| (2) a head and shoulder color photograph taken within | 3 |
| 30 days preceding
the
date on which the
application is | 4 |
| submitted;
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| (3) questions to certify or demonstrate the applicant | 6 |
| has completed a
firearms and deadly use of
force training | 7 |
| and education prerequisites specified under this Act;
| 8 |
| (4) a statement that the applicant is a resident of the | 9 |
| State of
Illinois and
has been a resident for
the last 6 | 10 |
| months and is a United States citizen or a naturalized | 11 |
| citizen;
| 12 |
| (5) a waiver of privacy and confidentiality rights and | 13 |
| privileges
enjoyed by
the applicant under all
federal and | 14 |
| State laws governing access to juvenile court, criminal | 15 |
| justice,
psychological or
psychiatric records, or records | 16 |
| relating to the applicant's history of
| 17 |
| institutionalization, and an
affirmative request that any | 18 |
| person having custody of any such record provide
it or | 19 |
| information
concerning it to the Department;
| 20 |
| (6) a conspicuous warning that false statements made by | 21 |
| the applicant
will
result in prosecution
for perjury in | 22 |
| accordance with Section 32-2 of the Criminal Code of 1961;
| 23 |
| (7) that the applicant possesses a currently valid | 24 |
| Illinois Firearm
Owner's
Identification Card,
together | 25 |
| with the card number, or is applying for the card in | 26 |
| conjunction with
the concealed
firearms permit | 27 |
| application;
| 28 |
| (8) an affirmation that the applicant has never been | 29 |
| convicted of any
felony;
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| (9) the applicant's signature, under oath, attesting | 31 |
| to the following
statement: "I, the
undersigned, state,
| 32 |
| under oath and subject to the penalty of perjury, that I am | 33 |
| not a streetgang
member as defined in
Section 10 of the | 34 |
| Illinois Streetgang Terrorism Omnibus Prevention Act and |
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| that
I
will not join or
become associated with a criminal | 2 |
| streetgang."; and
| 3 |
| (10) appropriate documentation to support that the | 4 |
| applicant meets the
requirements of clause (b)(5) of | 5 |
| Section 25 of this Act.
| 6 |
| Section 35. Submission of identifying information; fee.
In | 7 |
| addition to the completed application, the applicant must | 8 |
| submit the
following information to
the Department of State | 9 |
| Police:
| 10 |
| (i) a recent head and shoulder color photograph of the | 11 |
| applicant as required by Section 30 in a
size specified by | 12 |
| the
Department of State Police taken preceding the date on | 13 |
| which
the application is
submitted;
| 14 |
| (ii) a non-refundable permit fee of $100 if he or she | 15 |
| has not previously
been
issued such a permit
by the | 16 |
| Department of State Police, or a non-refundable permit fee | 17 |
| of $100 for
each renewal of a
permit;
| 18 |
| (iii) a full set of legible fingerprints administered | 19 |
| to the applicant
by
the
Department of State
Police, or any | 20 |
| other federal, State, county, or municipal law enforcement
| 21 |
| agency; any cost of
fingerprinting shall be paid by the | 22 |
| applicant; and
| 23 |
| (iv) a photocopy of a certificate or other evidence of | 24 |
| completion of a
course
to show compliance
with Section 90 | 25 |
| of this Act.
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| Section 40. Approval of application.
| 27 |
| (a) If the Department of State Police finds that the | 28 |
| applicant possesses a
valid Firearm Owner's
Identification | 29 |
| Card, meets the training requirements of this Act, and has
| 30 |
| provided the
documentation and paid the fees required for | 31 |
| issuance of a concealed firearms
permit and that,
as nearly as | 32 |
| it is possible to determine, nothing in the applicant's |
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| background
or present
circumstances disqualify him or her from | 2 |
| possessing a firearm in Illinois, it
shall approve the
| 3 |
| application and issue the applicant a wallet-sized permit | 4 |
| bearing the
photograph of the applicant
within 90 days or the | 5 |
| Department may issue a new Firearm Owner's Identification Card | 6 |
| with an endorsement for the carrying of a concealed firearm.
| 7 |
| (b) If the applicant is found to be ineligible, the | 8 |
| Department of State
Police shall deny the
application and | 9 |
| notify the applicant in writing, stating the grounds for
denial | 10 |
| and informing the
applicant of the right to submit, within 30 | 11 |
| days, any additional documentation
relating to the
grounds of | 12 |
| the denial. Upon receiving any additional documentation, the
| 13 |
| Department of State
Police shall reconsider its decision and | 14 |
| inform the applicant within 30 days of
the result of the
| 15 |
| reconsideration. The applicant shall further be informed of the | 16 |
| right to appeal
the denial
in the circuit court of his or her | 17 |
| place of residence.
| 18 |
| (c) The Department of State Police shall maintain an | 19 |
| automated record listing of
permit holders, including their | 20 |
| names and addresses, and this information shall be available | 21 |
| on-line, upon
request, at all times to
all Illinois law | 22 |
| enforcement agencies. Except as provided in this subsection,
| 23 |
| information on
applications for permits, names and addresses, | 24 |
| or other identifying information
relating to permit
holders | 25 |
| shall be confidential and shall not be made available except to | 26 |
| law
enforcement agencies.
Requests for information about any | 27 |
| permit holder made by persons other than a
bona fide law
| 28 |
| enforcement agency shall be made to the Department of State | 29 |
| Police together
with any fee
required for the providing of | 30 |
| information. The Department of State Police
may, upon proper
| 31 |
| application and the payment of the required fee, provide to the | 32 |
| requester, in
written form only, a
list of names of any or all | 33 |
| holders in the State of Illinois licensed to carry
a concealed | 34 |
| firearm. No
identifying information other than the name shall |
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| be provided, and information
for geographic
areas or other | 2 |
| subdivisions of any type from the list shall not be provided,
| 3 |
| except to a bona fide
law enforcement agency, and shall be | 4 |
| confidential. No requests for lists of
local or statewide
| 5 |
| permit holders shall be made to any State or local law | 6 |
| enforcement agency. No
other
agency of government other than | 7 |
| the Department of State Police shall provide
any information to
| 8 |
| a requester not entitled to it by law. The names of all | 9 |
| persons, other than law
enforcement
agencies and peace | 10 |
| officers, requesting information under this Section shall be
| 11 |
| public records.
| 12 |
| Section 45. Revocation of a permit. A permit issued under | 13 |
| Section 40 shall
be revoked if the permit
holder becomes
| 14 |
| ineligible to be issued a permit under the criteria set forth | 15 |
| in clauses (b)(1), (2), (3), (4), and (5)
of Section 25 or | 16 |
| subsection (b) of Section 40 of this Act. When the holder of | 17 |
| the permit has his or her Firearm Owner's Identification Card | 18 |
| revoked, when an order
of protection
is issued under Section | 19 |
| 112A-14 of the Code of Criminal Procedure of 1963 or
under | 20 |
| Section
214 of the Illinois Domestic Violence Act of 1986 | 21 |
| against a person holding a
permit issued under
this Act, the | 22 |
| holder of the permit shall surrender the permit to the court or
| 23 |
| to the officer serving
the order. The officer to whom the | 24 |
| permit is surrendered shall forthwith
transmit the permit to | 25 |
| the
court issuing the order. The permit shall be revoked until | 26 |
| the order is
terminated.
| 27 |
| Section 50. Notification of renewal. Not later than 60 days | 28 |
| before the
expiration of any permit
issued under this Act, the | 29 |
| Department of State Police shall notify the permit
holder in | 30 |
| writing of
the expiration and furnish an application for | 31 |
| renewal of the permit.
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| Section 55. Renewal of permit. The permit shall be renewed | 2 |
| for a qualified applicant upon receipt of the
properly | 3 |
| completed
renewal application and required renewal fee. The | 4 |
| renewal application shall
contain the same
required | 5 |
| information as set forth in paragraphs (1) through (9) of | 6 |
| Section 30,
except that in
lieu of the firearm education and | 7 |
| use of deadly force training, the applicant
need only
| 8 |
| demonstrate previous issuance of and continued eligibility for | 9 |
| a concealed
firearms permit.
| 10 |
| Section 60. Change of address, change of name, or lost or | 11 |
| destroyed permits.
| 12 |
| (a) Within 30 days after the changing of a permanent | 13 |
| residence, or within 30
days after loss or
destruction of a | 14 |
| concealed firearms permit, the permittee shall notify the
| 15 |
| Department of State
Police of the loss, destruction, change of | 16 |
| name, or change of residence.
Failure to notify the
Department | 17 |
| of State Police shall constitute a noncriminal violation with a
| 18 |
| penalty of $25 payable
to the Department of State Police.
| 19 |
| (b) If a person issued a permit to carry a concealed | 20 |
| firearm changes
residence within this State,
or changes his or | 21 |
| her name, the person to whom the permit was issued may upon
| 22 |
| payment of
$25 to the Department of State Police obtain a | 23 |
| corrected concealed firearms
permit with a change
of address or | 24 |
| change of name upon furnishing a notarized statement to the
| 25 |
| Department of State
Police that the permittee has changed | 26 |
| residence, or his or her name, and upon
submission of an | 27 |
| application as set forth in Section 25 and photograph as set
| 28 |
| forth in paragraph
(2) of Section 30 of this Act. A concealed | 29 |
| firearms permit shall be
invalid after 30
days if the permittee | 30 |
| has not notified the Department of State Police of a
change of | 31 |
| residence.
| 32 |
| (c) If a permit to carry a concealed firearm is lost or | 33 |
| destroyed, the permit
shall be cancelled, and the person to |
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| whom the permit was issued may upon payment of $25
to the | 2 |
| Department of State Police obtain a new permit, upon furnishing | 3 |
| a
notarized statement
to the Department of State Police that | 4 |
| the permit was lost or destroyed and
submission of an
| 5 |
| application as set forth in Section 25 and photograph as set | 6 |
| forth in paragraph
(2) of Section 30 of
this Act.
| 7 |
| Section 65. Concealed firearms permit.
| 8 |
| (a) A concealed firearm permit shall authorize the person | 9 |
| in whose name the
permit is issued to carry concealed firearms | 10 |
| on or about his or her person or
vehicle throughout the State. | 11 |
| No permit issued under this Section shall
authorize
any person | 12 |
| to carry a concealed firearm into or
upon:
| 13 |
| (i) Any police, sheriff, or Department of State Police | 14 |
| office or station without the
consent of the chief law
| 15 |
| enforcement officer in charge of that office or station.
| 16 |
| (ii) The facility of any adult or juvenile detention or | 17 |
| correctional
institution, prison, or jail.
| 18 |
| (iii) Any courthouse, solely occupied by the Circuit, | 19 |
| Appellate, or
Supreme
Court, or a courtroom
of any of those | 20 |
| courts, or court proceeding, except that nothing in this
| 21 |
| Section shall preclude a
judge, holding a concealed firearm | 22 |
| permit, from carrying a concealed firearm
within a | 23 |
| courthouse.
| 24 |
| (iv) Any meeting of the governing body of a unit of | 25 |
| local government; or
any
meeting of the
General Assembly or | 26 |
| a committee of the General Assembly, except that nothing in
| 27 |
| this Section
shall preclude a member of the body, holding a | 28 |
| concealed firearms permit, from
carrying a
concealed | 29 |
| firearm at a meeting of the body which he or she is a | 30 |
| member.
| 31 |
| (v) The General Assembly may by statute, and the county | 32 |
| or municipality
may by
ordinance, prohibit or limit the | 33 |
| carrying of concealed firearms by permit
holders in that |
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| portion of a
building owned, leased, or controlled by that | 2 |
| unit of government. That portion
of a building in
which the | 3 |
| carrying of concealed firearms is prohibited or limited | 4 |
| shall be
clearly identified by signs
posted at the entrance | 5 |
| to the restricted area. The statute or ordinance shall
| 6 |
| exempt
any building used for public housing by private | 7 |
| persons, highways or rest
areas, firing ranges,
and private | 8 |
| dwellings owned, leased, or controlled by that unit of | 9 |
| government
from any restriction
on the carrying or | 10 |
| possession of a firearm. The statute or ordinance shall not
| 11 |
| specify any criminal
penalty for its violation but may | 12 |
| specify that persons violating the statute or
ordinance may | 13 |
| be
denied entrance to the building, ordered to leave the | 14 |
| building, and, if the
employees of the unit of
government, | 15 |
| be subjected to disciplinary measures for violation of the
| 16 |
| provisions of the statute or
ordinance. The provisions of | 17 |
| this Section shall not apply to any
other unit of | 18 |
| government.
| 19 |
| (vi) Any portion of an establishment licensed to | 20 |
| dispense beer or
alcoholic
beverages for
consumption on the | 21 |
| premises, which portion of the establishment is primarily
| 22 |
| devoted to that
purpose. This paragraph (vi) does not apply | 23 |
| to any bona fide restaurant open to
the general
public | 24 |
| having dining facilities for not less than 50 persons and | 25 |
| that receives
at least 50% of its
gross annual income from | 26 |
| the dining facilities by the sale of food.
| 27 |
| (vii) Any area of an airport to which access is | 28 |
| controlled by the
inspection of
persons and
property.
| 29 |
| (viii) Any place where the carrying of a firearm is | 30 |
| prohibited by federal
law.
| 31 |
| (ix) Any elementary or secondary school facility | 32 |
| without the consent of
school
authorities.
| 33 |
| (x) Any portion of a building used as a child care | 34 |
| facility without the
consent of the manager.
Nothing in |
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| this Section shall prevent the operator of a child care | 2 |
| facility in
a family home from
owning or possessing a | 3 |
| firearm or permit.
| 4 |
| (xi) A riverboat gambling operation or horse racing | 5 |
| facility accessible
by the
public.
| 6 |
| (xii) Any gated area of an amusement park.
| 7 |
| (xiii) Any stadium, arena, or collegiate or | 8 |
| professional sporting event.
| 9 |
| (xiv) A church or other place of religious worship.
| 10 |
| A violation of this subsection (a) is a Class C | 11 |
| misdemeanor.
| 12 |
| (b) A concealed firearm permit does not authorize the | 13 |
| concealed carrying or
transportation of a stun
gun or taser.
| 14 |
| Section 70. Immunity of Department, sheriff, municipal | 15 |
| police department, and
their employees
and agents.
The | 16 |
| Department of State Police, office of the county sheriff, or | 17 |
| municipal
police department, and any
employee or agent of the | 18 |
| Department of State Police, county sheriff, or
municipal police
| 19 |
| department is not liable for damages in any civil action | 20 |
| arising from
alleged wrongful or
improper granting, renewing, | 21 |
| or failure to revoke permits issued under
this Act.
| 22 |
| Section 80. Fees.
| 23 |
| (a) Fees collected under this Act and deposited into the | 24 |
| Retired Officers
Security Trust
Fund shall be used exclusively | 25 |
| for administering the provisions of this Act;
except that,
| 26 |
| commencing January 1, 2005, any excess moneys in the Fund may | 27 |
| be used to ensure
the prompt
and efficient processing of | 28 |
| applications received under Section 30 of this Act.
| 29 |
| (b) Fees for a concealed firearms permit shall be:
|
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30 | | New permit ..................................... |
$100 |
|
31 | | Renewal ........................................ |
$100 |
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32 | | Duplicate due to lost or destroyed ............. |
$25 |
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| 1 | | Corrected permit due to change of address |
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2 | | or name ....................................... |
$25 |
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3 |
| Section 85. Applicant training.
| 4 |
| (a) The applicant training course shall be the standardized | 5 |
| training course
furnished by the
Department and taught by a | 6 |
| qualified firearms instructor, consisting of:
| 7 |
| (1) Eight hours of classroom instruction, covering at | 8 |
| least the following
topics:
| 9 |
| (i) handgun safety in the classroom, at home, on | 10 |
| the firing range, or
while
carrying the firearm;
| 11 |
| (ii) the basic principles of marksmanship;
| 12 |
| (iii) care and cleaning of handguns; and
| 13 |
| (iv) by means of a videotape produced or approved | 14 |
| by the Department:
| 15 |
| (A) the requirements for obtaining a concealed | 16 |
| firearms permit in this
State;
| 17 |
| (B) laws relating to firearms as prescribed in | 18 |
| the Firearm Owners
Identification
Card Act, | 19 |
| Article 24 of the Criminal Code of 1961, and 18 | 20 |
| U.S.C. 921 through
930; and
| 21 |
| (C) laws relating to the justifiable use of | 22 |
| force as prescribed in
Article 7
of the Criminal | 23 |
| Code of
1961.
| 24 |
|
(2) Live firing exercises of sufficient duration for | 25 |
| each applicant to fire:
| 26 |
| (i) a handgun from a standing position;
| 27 |
| (ii) a minimum of 20 rounds; and
| 28 |
| (iii) at a distance from a B-21 silhouette target, | 29 |
| or an equivalent as
approved by the
Department, of 7 | 30 |
| yards.
| 31 |
| (b) The classroom portion of the course may be, at the | 32 |
| qualified firearms
instructor's discretion,
divided into | 33 |
| segments of not less than 2 hours each.
|
|
|
|
09300SB2188sam002 |
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LRB093 18296 RLC 48960 a |
|
| 1 |
| (c) (1) An applicant training course shall not be open to | 2 |
| persons who are
less than 21 years of
age.
| 3 |
| (2) An applicant training course students shall | 4 |
| complete a course
application form, which shall
include a | 5 |
| statement acknowledging receipt of copies of pertinent | 6 |
| statutory
provisions listed in
clauses (A), (B), and (C) of | 7 |
| subparagraph (iv) of paragraph (1) of subsection
(a)
and a | 8 |
| liability waiver.
| 9 |
| (3) The course application form may be obtained from | 10 |
| the qualified
firearms
instructor at the time
of the | 11 |
| course.
| 12 |
| (d) At the conclusion of the classroom portion of the | 13 |
| applicant training
course, the qualified
firearms instructor | 14 |
| shall:
| 15 |
| (1) distribute a standard course examination to the | 16 |
| students;
| 17 |
| (2) not leave the room in which the examination is | 18 |
| being held while the
examination is in
progress;
| 19 |
| (3) collect examination booklets and answer sheets | 20 |
| from each student at the
end of the
examination period;
| 21 |
| (4) not grade the examinations in the presence of | 22 |
| students; and
| 23 |
| (5) not divulge an applicant's numeric score on the day | 24 |
| of the examination,
but may indicate
whether an applicant | 25 |
| passed or failed the examination.
| 26 |
| (e) A person shall not:
| 27 |
| (1) make an unauthorized copy of the applicant training | 28 |
| course examination,
in whole or in part;
| 29 |
| (2) possess the applicant training course examination, | 30 |
| or questions from
the examination, unless
authorized by the | 31 |
| Department; or
| 32 |
| (3) divulge the contents of an applicant training | 33 |
| course examination
questions to another person.
| 34 |
| (f) (1) Students shall provide their own safe, functional |
|
|
|
09300SB2188sam002 |
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LRB093 18296 RLC 48960 a |
|
| 1 |
| handgun and
factory-loaded ammunition.
| 2 |
| (2) Prior to conducting range firing, the certified
| 3 |
| firearms instructor shall:
| 4 |
| (i) inspect each applicant's firearm; and
| 5 |
| (ii) not allow the firing of a handgun that is not | 6 |
| in sound mechanical
condition or otherwise may
pose a | 7 |
| safety hazard.
| 8 |
| (g) Grades of "passing" shall not be given on range work
to | 9 |
| an applicant who:
| 10 |
| (1) does not follow the orders of the certified | 11 |
| firearms instructor;
| 12 |
| (2) in the judgment of the certified firearms | 13 |
| instructor, handles a firearm
in
a manner that poses a
| 14 |
| danger to the applicant or to others; or
| 15 |
| (3) during the testing portion of the range work fails | 16 |
| to hit the
silhouette
portion of the target with
a majority | 17 |
| of 20 rounds.
| 18 |
| (h) Certified firearms instructors shall:
| 19 |
| (1) allow monitoring of their classes by officials of | 20 |
| any certifying
agency;
| 21 |
| (2) make all course records available upon demand to | 22 |
| authorized personnel
of
the Department;
and
| 23 |
| (3) not divulge course records except as authorized by | 24 |
| the certifying
agency.
| 25 |
| (i) (1) Fees for applicant training courses shall not | 26 |
| exceed $75 per student.
| 27 |
| (2) Qualified firearms instructors shall collect the | 28 |
| fee and remit $25 of
the fee to the Department.
| 29 |
| (3) Fees shall not be refunded to students who fail or | 30 |
| otherwise do not
complete the course.
| 31 |
| (j) An applicant training course shall not have more than | 32 |
| 40 students in the
classroom portion or
more than 10 students | 33 |
| per range officer engaged in range firing.
| 34 |
| (k) Within 3 working days after the completion of the |
|
|
|
09300SB2188sam002 |
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LRB093 18296 RLC 48960 a |
|
| 1 |
| course, the certified
firearms instructor shall:
| 2 |
| (1) grade the examinations; and
| 3 |
| (2) provide to the student a certificate of successful | 4 |
| course completion if he or she:
| 5 |
| (i) answers at least 70% of the written examination | 6 |
| questions correctly; and
| 7 |
| (ii) achieves a grade of "passing" on the range | 8 |
| work.
| 9 |
| (l) (1) Students who score below 70% on the written | 10 |
| examination may retake
the examination one
time without having | 11 |
| to retake the course.
| 12 |
| (2) Students who do not achieve a grade of "passing" on the | 13 |
| range work
may
repeat the range
work one time without having to | 14 |
| retake the course.
| 15 |
| (3) Notices of failure shall include information on whether | 16 |
| the student
failed
the written exam, the
range firing, or both.
| 17 |
| Section 90. Firearms instructors training.
| 18 |
| (a) Persons who are not qualified firearms instructors | 19 |
| shall not teach
applicant training courses.
| 20 |
| (b) Persons who are not qualified firearms instructors | 21 |
| shall not advertise or
otherwise represent
courses they teach | 22 |
| as qualifying their students to meet the requirements to
| 23 |
| receive a permit to
carry concealed firearms in this State.
| 24 |
| (c) Persons who are not certified instructor trainers shall | 25 |
| not teach
instructor qualification courses.
| 26 |
| (d) Persons wishing to become qualified firearms | 27 |
| instructors shall:
| 28 |
| (1) be at least 21 years of age;
| 29 |
| (2) be citizens of the United States; and
| 30 |
| (3) have been issued Firearm Owner's Identification | 31 |
| Cards.
| 32 |
| (e) Persons wishing to become instructor trainers, in | 33 |
| addition to the
requirements of subsection (d) of this Section, |
|
|
|
09300SB2188sam002 |
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LRB093 18296 RLC 48960 a |
|
| 1 |
| shall:
| 2 |
| (1) possess a high school diploma or GED certificate;
| 3 |
| (2) have at least one of the following valid firearms | 4 |
| instructor
certifications:
| 5 |
| (I) National Rifle Association Personal Protection | 6 |
| Instructor;
| 7 |
| (II) National Rifle Association Pistol | 8 |
| Marksmanship Instructor;
| 9 |
| (III) certification from a firearms instructor's | 10 |
| course offered by a
State or
federal governmental
| 11 |
| agency; or
| 12 |
| (IV) a similar firearms instructor qualifying | 13 |
| course, approved the
Director of
State Police or his
or | 14 |
| her designee.
| 15 |
| (f) (1) Applicants shall agree to background checks.
| 16 |
| (2) An applicant may be disqualified from taking | 17 |
| firearms instructor
training,
or have his or her
instructor | 18 |
| qualification revoked, if the applicant:
| 19 |
| (A) does not meet the requirements of the Firearm | 20 |
| Owners Identification Card Act;
| 21 |
| (B) provides false or misleading information on | 22 |
| the application; or
| 23 |
| (C) has had a prior instructor qualification | 24 |
| revoked by the Department.
| 25 |
| (g) The training course to certify firearms instructors and | 26 |
| instructor
trainers shall include:
| 27 |
| (1) Sixteen hours of classroom instruction covering at | 28 |
| least the following
topics:
| 29 |
| (i) by means of a videotape produced or approved by | 30 |
| the Department:
| 31 |
| (A) the requirements for obtaining a concealed | 32 |
| firearms permit in this
State;
| 33 |
| (B) laws relating to firearms as contained in the | 34 |
| Firearm Owners
Identification Card Act, Article
24 of |
|
|
|
09300SB2188sam002 |
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LRB093 18296 RLC 48960 a |
|
| 1 |
| the Criminal Code of 1961, and 18 U.S.C. 921 through | 2 |
| 930;
| 3 |
| (C) laws relating to the justifiable use of force | 4 |
| as contained in Article
7 of the Criminal Code
of 1961;
| 5 |
| (D) the conduct of applicant training courses;
| 6 |
| (E) record-keeping requirements of this Act;
| 7 |
| (F) the basic nomenclature of handguns;
| 8 |
| (G) the basic principles of marksmanship; and
| 9 |
| (H) the safe handling of handguns.
| 10 |
| (2) A classroom demonstration, during which the | 11 |
| instructor candidate shall
receive instruction on
and | 12 |
| demonstrate competency in the ability to prepare and | 13 |
| deliver a classroom
presentation using
materials from the | 14 |
| applicant curriculum.
| 15 |
| (3) Range instruction and firing of live ammunition, | 16 |
| during which the
instructor candidate shall
receive | 17 |
| instruction on and demonstrate competency in the ability | 18 |
| to:
| 19 |
| (i) handle and fire a handgun safely and | 20 |
| accurately;
| 21 |
| (ii) conduct a function test and safety
inspection | 22 |
| of common types of handguns;
| 23 |
| (iii) clean common types of handguns; and
| 24 |
| (iv) supervise and conduct live firing
exercises | 25 |
| in a safe and efficient manner.
| 26 |
| (h) To qualify as a certified firearms instructor or | 27 |
| instructor trainer,
instructor candidates shall achieve:
| 28 |
| (1) a minimum score of 70% on a written examination | 29 |
| covering the material
taught during the
classroom portion | 30 |
| of the course;
| 31 |
| (2) a minimum score of 80% on range firing of a handgun | 32 |
| from the standing
position while aiming
at a B-21 PC | 33 |
| silhouette target or an equivalent as approved by the | 34 |
| Department,
with a minimum
of:
|
|
|
|
09300SB2188sam002 |
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LRB093 18296 RLC 48960 a |
|
| 1 |
| (i) ten rounds from 7 yards;
| 2 |
| (ii) ten rounds from 15 yards; and
| 3 |
| (iii) a score of "passing" from the
course | 4 |
| instructor for demonstrating competency in each of the | 5 |
| following:
| 6 |
| (A) supervising and conducting live fire;
| 7 |
| (B) cleaning and inspecting handguns; and
| 8 |
| (C) preparing and delivering the classroom | 9 |
| lecture.
| 10 |
| (i) Instructor candidates who fail to meet the minimum | 11 |
| requirements of
subsection (g) of this
Section may retake the | 12 |
| examination, range work, or classroom demonstration one
time
| 13 |
| without having to repeat the course.
| 14 |
| (j) Qualified firearms instructor and instructor trainer | 15 |
| certificates shall
be valid for 3 years from
date of issue. | 16 |
| Qualified firearms instructors or instructor trainers may | 17 |
| renew
their certification by
successfully completing a | 18 |
| refresher course offered or approved by the
Department.
| 19 |
| (k) The fees for instructor trainer or refresher courses | 20 |
| shall be $100 per
student.
| 21 |
| (1) The fees for qualified instructor courses shall be | 22 |
| no more than $100
per student. The
instructor trainer shall | 23 |
| remit $50 per student to the Department.
| 24 |
| (2) Fees shall not be refunded to those who do not pass | 25 |
| or otherwise fail
to complete a course.
| 26 |
| (l) Course participants shall provide their own safe, | 27 |
| functional handgun and
factory-loaded
ammunition.
| 28 |
| (m) Prior to conducting range firing, the course instructor | 29 |
| shall:
| 30 |
| (1) inspect each applicant's firearm; and
| 31 |
| (2) not allow the firing of a handgun that is not | 32 |
| in sound mechanical
condition or otherwise may
pose a | 33 |
| safety hazard.
|
|
|
|
09300SB2188sam002 |
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LRB093 18296 RLC 48960 a |
|
| 1 |
| Section 95. Repeal. This Act is repealed on July 1, 2010.
| 2 |
| Section 97. Severability. The provisions of this Act are | 3 |
| severable under Section 1.31 of the Statute on Statutes. | 4 |
| Section 105. The Firearm Owners Identification Card Act is | 5 |
| amended by
changing
Section 13.1 as follows:
| 6 |
| (430 ILCS 65/13.1)
(from Ch. 38, par. 83-13.1)
| 7 |
| Sec. 13.1. The provisions of any ordinance enacted by any | 8 |
| municipality which
requires registration or imposes greater | 9 |
| restrictions or limitations on the
acquisition, possession and | 10 |
| transfer of firearms than are imposed by this
Act, are not | 11 |
| invalidated or affected by this Act , except that an ordinance | 12 |
| of
a unit of local government, including a home rule unit, is | 13 |
| invalid if it is
inconsistent with the Retired Officers | 14 |
| Security Act. It is declared to be the
policy of this State | 15 |
| that the regulation of the right to carry concealed
firearms is | 16 |
| an exclusive power and function of the State. A home rule unit | 17 |
| may
not regulate the issuance of permits to carry concealed | 18 |
| firearms or the
carrying and transportation of firearms. This | 19 |
| Section is a
denial and limitation of home rule powers and | 20 |
| functions under subsection (h) of
Section 6 of Article VII of | 21 |
| the Illinois Constitution .
| 22 |
| (Source: P.A. 76-1939.)
| 23 |
| Section 110. The Criminal Code of 1961 is amended by | 24 |
| changing Section 24-2 as follows:
| 25 |
| (720 ILCS 5/24-2) (from Ch. 38, par. 24-2)
| 26 |
| Sec. 24-2. Exemptions.
| 27 |
| (a) Subsections 24-1(a)(3), 24-1(a)(4) and 24-1(a)(10) and | 28 |
| Section
24-1.6 do not apply to
or affect any of the following:
| 29 |
| (1) Peace officers, and any person summoned by a peace |
|
|
|
09300SB2188sam002 |
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LRB093 18296 RLC 48960 a |
|
| 1 |
| officer to
assist in making arrests or preserving the | 2 |
| peace, while actually engaged in
assisting such officer.
| 3 |
| (2) Wardens, superintendents and keepers of prisons,
| 4 |
| penitentiaries, jails and other institutions for the | 5 |
| detention of persons
accused or convicted of an offense, | 6 |
| while in the performance of their
official duty, or while | 7 |
| commuting between their homes and places of employment.
| 8 |
| (3) Members of the Armed Services or Reserve Forces of | 9 |
| the United States
or the Illinois National Guard or the | 10 |
| Reserve Officers Training Corps,
while in the performance | 11 |
| of their official duty.
| 12 |
| (4) Special agents employed by a railroad or a public | 13 |
| utility to
perform police functions, and guards of armored | 14 |
| car companies, while
actually engaged in the performance of | 15 |
| the duties of their employment or
commuting between their | 16 |
| homes and places of employment; and watchmen
while actually | 17 |
| engaged in the performance of the duties of their | 18 |
| employment.
| 19 |
| (5) Persons licensed as private security contractors, | 20 |
| private
detectives, or private alarm contractors, or | 21 |
| employed by an agency
certified by the Department of | 22 |
| Professional Regulation, if their duties
include the | 23 |
| carrying of a weapon under the provisions of the Private
| 24 |
| Detective, Private Alarm,
Private Security, and Locksmith | 25 |
| Act of 2004,
while actually
engaged in the performance of | 26 |
| the duties of their employment or commuting
between their | 27 |
| homes and places of employment, provided that such | 28 |
| commuting
is accomplished within one hour from departure | 29 |
| from home or place of
employment, as the case may be. | 30 |
| Persons exempted under this subdivision
(a)(5) shall be | 31 |
| required to have completed a course of
study in firearms | 32 |
| handling and training approved and supervised by the
| 33 |
| Department of Professional Regulation as prescribed by | 34 |
| Section 28 of the
Private Detective, Private Alarm,
Private |
|
|
|
09300SB2188sam002 |
- 22 - |
LRB093 18296 RLC 48960 a |
|
| 1 |
| Security, and Locksmith Act of 2004, prior
to becoming | 2 |
| eligible for this exemption. The Department of | 3 |
| Professional
Regulation shall provide suitable | 4 |
| documentation demonstrating the
successful completion of | 5 |
| the prescribed firearms training. Such
documentation shall | 6 |
| be carried at all times when such persons are in
possession | 7 |
| of a concealable weapon.
| 8 |
| (6) Any person regularly employed in a commercial or | 9 |
| industrial
operation as a security guard for the protection | 10 |
| of persons employed
and private property related to such | 11 |
| commercial or industrial
operation, while actually engaged | 12 |
| in the performance of his or her
duty or traveling between | 13 |
| sites or properties belonging to the
employer, and who, as | 14 |
| a security guard, is a member of a security force of
at | 15 |
| least 5 persons registered with the Department of | 16 |
| Professional
Regulation; provided that such security guard | 17 |
| has successfully completed a
course of study, approved by | 18 |
| and supervised by the Department of
Professional | 19 |
| Regulation, consisting of not less than 40 hours of | 20 |
| training
that includes the theory of law enforcement, | 21 |
| liability for acts, and the
handling of weapons. A person | 22 |
| shall be considered eligible for this
exemption if he or | 23 |
| she has completed the required 20
hours of training for a | 24 |
| security officer and 20 hours of required firearm
training, | 25 |
| and has been issued a firearm authorization card by
the | 26 |
| Department of Professional Regulation. Conditions for the | 27 |
| renewal of
firearm authorization cards issued under the | 28 |
| provisions of this Section
shall be the same as for those | 29 |
| cards issued under the provisions of the
Private Detective, | 30 |
| Private Alarm,
Private Security, and Locksmith Act of 2004. | 31 |
| Such
firearm authorization card shall be carried by the | 32 |
| security guard at all
times when he or she is in possession | 33 |
| of a concealable weapon.
| 34 |
| (7) Agents and investigators of the Illinois |
|
|
|
09300SB2188sam002 |
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LRB093 18296 RLC 48960 a |
|
| 1 |
| Legislative Investigating
Commission authorized by the | 2 |
| Commission to carry the weapons specified in
subsections | 3 |
| 24-1(a)(3) and 24-1(a)(4), while on duty in the course of
| 4 |
| any investigation for the Commission.
| 5 |
| (8) Persons employed by a financial institution for the | 6 |
| protection of
other employees and property related to such | 7 |
| financial institution, while
actually engaged in the | 8 |
| performance of their duties, commuting between
their homes | 9 |
| and places of employment, or traveling between sites or
| 10 |
| properties owned or operated by such financial | 11 |
| institution, provided that
any person so employed has | 12 |
| successfully completed a course of study,
approved by and | 13 |
| supervised by the Department of Professional Regulation,
| 14 |
| consisting of not less than 40 hours of training which | 15 |
| includes theory of
law enforcement, liability for acts, and | 16 |
| the handling of weapons.
A person shall be considered to be | 17 |
| eligible for this exemption if he or
she has completed the | 18 |
| required 20 hours of training for a security officer
and 20 | 19 |
| hours of required firearm training, and has been issued a
| 20 |
| firearm authorization card by the Department of | 21 |
| Professional Regulation.
Conditions for renewal of firearm | 22 |
| authorization cards issued under the
provisions of this | 23 |
| Section shall be the same as for those issued under the
| 24 |
| provisions of the Private Detective, Private Alarm,
| 25 |
| Private Security, and Locksmith Act of 2004.
Such firearm | 26 |
| authorization card shall be carried by the person so
| 27 |
| trained at all times when such person is in possession of a | 28 |
| concealable
weapon. For purposes of this subsection, | 29 |
| "financial institution" means a
bank, savings and loan | 30 |
| association, credit union or company providing
armored car | 31 |
| services.
| 32 |
| (9) Any person employed by an armored car company to | 33 |
| drive an armored
car, while actually engaged in the | 34 |
| performance of his duties.
|
|
|
|
09300SB2188sam002 |
- 24 - |
LRB093 18296 RLC 48960 a |
|
| 1 |
| (10) Persons who have been classified as peace officers | 2 |
| pursuant
to the Peace Officer Fire Investigation Act.
| 3 |
| (11) Investigators of the Office of the State's | 4 |
| Attorneys Appellate
Prosecutor authorized by the board of | 5 |
| governors of the Office of the
State's Attorneys Appellate | 6 |
| Prosecutor to carry weapons pursuant to
Section 7.06 of the | 7 |
| State's Attorneys Appellate Prosecutor's Act.
| 8 |
| (12) Special investigators appointed by a State's | 9 |
| Attorney under
Section 3-9005 of the Counties Code.
| 10 |
| (12.5) Probation officers while in the performance of | 11 |
| their duties, or
while commuting between their homes, | 12 |
| places of employment or specific locations
that are part of | 13 |
| their assigned duties, with the consent of the chief judge | 14 |
| of
the circuit for which they are employed.
| 15 |
| (13) Court Security Officers while in the performance | 16 |
| of their official
duties, or while commuting between their | 17 |
| homes and places of employment, with
the
consent of the | 18 |
| Sheriff.
| 19 |
| (13.5) A person employed as an armed security guard at | 20 |
| a nuclear energy,
storage, weapons or development site or | 21 |
| facility regulated by the Nuclear
Regulatory Commission | 22 |
| who has completed the background screening and training
| 23 |
| mandated by the rules and regulations of the Nuclear | 24 |
| Regulatory Commission.
| 25 |
| (14) Manufacture, transportation, or sale of weapons | 26 |
| to
persons
authorized under subdivisions (1) through | 27 |
| (13.5) of this
subsection
to
possess those weapons.
| 28 |
| (b) Subsections 24-1(a)(4) and 24-1(a)(10) and Section | 29 |
| 24-1.6 do not
apply to or affect
any of the following:
| 30 |
| (1) Members of any club or organization organized for | 31 |
| the purpose of
practicing shooting at targets upon | 32 |
| established target ranges, whether
public or private, and | 33 |
| patrons of such ranges, while such members
or patrons are | 34 |
| using their firearms on those target ranges.
|
|
|
|
09300SB2188sam002 |
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LRB093 18296 RLC 48960 a |
|
| 1 |
| (2) Duly authorized military or civil organizations | 2 |
| while parading,
with the special permission of the | 3 |
| Governor.
| 4 |
| (3) Hunters, trappers or fishermen with a license or
| 5 |
| permit while engaged in hunting,
trapping or fishing.
| 6 |
| (4) Transportation of weapons that are broken down in a
| 7 |
| non-functioning state or are not immediately accessible.
| 8 |
| (5) A person issued a permit to carry a concealed | 9 |
| firearm under the Retired Officers Security Act.
| 10 |
| (c) Subsection 24-1(a)(7) does not apply to or affect any | 11 |
| of the
following:
| 12 |
| (1) Peace officers while in performance of their | 13 |
| official duties.
| 14 |
| (2) Wardens, superintendents and keepers of prisons, | 15 |
| penitentiaries,
jails and other institutions for the | 16 |
| detention of persons accused or
convicted of an offense.
| 17 |
| (3) Members of the Armed Services or Reserve Forces of | 18 |
| the United States
or the Illinois National Guard, while in | 19 |
| the performance of their official
duty.
| 20 |
| (4) Manufacture, transportation, or sale of machine | 21 |
| guns to persons
authorized under subdivisions (1) through | 22 |
| (3) of this subsection to
possess machine guns, if the | 23 |
| machine guns are broken down in a
non-functioning state or | 24 |
| are not immediately accessible.
| 25 |
| (5) Persons licensed under federal law to manufacture | 26 |
| any weapon from
which 8 or more shots or bullets can be | 27 |
| discharged by a
single function of the firing device, or | 28 |
| ammunition for such weapons, and
actually engaged in the | 29 |
| business of manufacturing such weapons or
ammunition, but | 30 |
| only with respect to activities which are within the lawful
| 31 |
| scope of such business, such as the manufacture, | 32 |
| transportation, or testing
of such weapons or ammunition. | 33 |
| This exemption does not authorize the
general private | 34 |
| possession of any weapon from which 8 or more
shots or |
|
|
|
09300SB2188sam002 |
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LRB093 18296 RLC 48960 a |
|
| 1 |
| bullets can be discharged by a single function of the | 2 |
| firing
device, but only such possession and activities as | 3 |
| are within the lawful
scope of a licensed manufacturing | 4 |
| business described in this paragraph.
| 5 |
| During transportation, such weapons shall be broken | 6 |
| down in a
non-functioning state or not immediately | 7 |
| accessible.
| 8 |
| (6) The manufacture, transport, testing, delivery, | 9 |
| transfer or sale,
and all lawful commercial or experimental | 10 |
| activities necessary thereto, of
rifles, shotguns, and | 11 |
| weapons made from rifles or shotguns,
or ammunition for | 12 |
| such rifles, shotguns or weapons, where engaged in
by a | 13 |
| person operating as a contractor or subcontractor pursuant | 14 |
| to a
contract or subcontract for the development and supply | 15 |
| of such rifles,
shotguns, weapons or ammunition to the | 16 |
| United States government or any
branch of the Armed Forces | 17 |
| of the United States, when such activities are
necessary | 18 |
| and incident to fulfilling the terms of such contract.
| 19 |
| The exemption granted under this subdivision (c)(6)
| 20 |
| shall also apply to any authorized agent of any such | 21 |
| contractor or
subcontractor who is operating within the | 22 |
| scope of his employment, where
such activities involving | 23 |
| such weapon, weapons or ammunition are necessary
and | 24 |
| incident to fulfilling the terms of such contract.
| 25 |
| During transportation, any such weapon shall be broken | 26 |
| down in a
non-functioning state, or not immediately | 27 |
| accessible.
| 28 |
| (d) Subsection 24-1(a)(1) does not apply to the purchase, | 29 |
| possession
or carrying of a black-jack or slung-shot by a peace | 30 |
| officer.
| 31 |
| (e) Subsection 24-1(a)(8) does not apply to any owner, | 32 |
| manager or
authorized employee of any place specified in that | 33 |
| subsection nor to any
law enforcement officer.
| 34 |
| (f) Subsection 24-1(a)(4) and subsection 24-1(a)(10) and |
|
|
|
09300SB2188sam002 |
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LRB093 18296 RLC 48960 a |
|
| 1 |
| Section 24-1.6
do not apply
to members of any club or | 2 |
| organization organized for the purpose of practicing
shooting | 3 |
| at targets upon established target ranges, whether public or | 4 |
| private,
while using their firearms on those target ranges.
| 5 |
| (g) Subsections 24-1(a)(11) and 24-3.1(a)(6) do not apply | 6 |
| to:
| 7 |
| (1) Members of the Armed Services or Reserve Forces of | 8 |
| the United
States or the Illinois National Guard, while in | 9 |
| the performance of their
official duty.
| 10 |
| (2) Bonafide collectors of antique or surplus military | 11 |
| ordinance.
| 12 |
| (3) Laboratories having a department of forensic | 13 |
| ballistics, or
specializing in the development of | 14 |
| ammunition or explosive ordinance.
| 15 |
| (4) Commerce, preparation, assembly or possession of | 16 |
| explosive
bullets by manufacturers of ammunition licensed | 17 |
| by the federal government,
in connection with the supply of | 18 |
| those organizations and persons exempted
by subdivision | 19 |
| (g)(1) of this Section, or like organizations and persons
| 20 |
| outside this State, or the transportation of explosive | 21 |
| bullets to any
organization or person exempted in this | 22 |
| Section by a common carrier or by a
vehicle owned or leased | 23 |
| by an exempted manufacturer.
| 24 |
| (g-5) Subsection 24-1(a)(6) does not apply to or affect | 25 |
| persons licensed
under federal law to manufacture any device or | 26 |
| attachment of any kind designed,
used, or intended for use in | 27 |
| silencing the report of any firearm, firearms, or
ammunition
| 28 |
| for those firearms equipped with those devices, and actually | 29 |
| engaged in the
business of manufacturing those devices, | 30 |
| firearms, or ammunition, but only with
respect to
activities | 31 |
| that are within the lawful scope of that business, such as the
| 32 |
| manufacture, transportation, or testing of those devices, | 33 |
| firearms, or
ammunition. This
exemption does not authorize the | 34 |
| general private possession of any device or
attachment of any |
|
|
|
09300SB2188sam002 |
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LRB093 18296 RLC 48960 a |
|
| 1 |
| kind designed, used, or intended for use in silencing the
| 2 |
| report of any firearm, but only such possession and activities | 3 |
| as are within
the
lawful scope of a licensed manufacturing | 4 |
| business described in this subsection
(g-5). During | 5 |
| transportation, those devices shall be detached from any weapon
| 6 |
| or
not immediately accessible.
| 7 |
| (h) An information or indictment based upon a violation of | 8 |
| any
subsection of this Article need not negative any exemptions | 9 |
| contained in
this Article. The defendant shall have the burden | 10 |
| of proving such an
exemption.
| 11 |
| (i) Nothing in this Article shall prohibit, apply to, or | 12 |
| affect
the transportation, carrying, or possession, of any | 13 |
| pistol or revolver,
stun gun, taser, or other firearm consigned | 14 |
| to a common carrier operating
under license of the State of | 15 |
| Illinois or the federal government, where
such transportation, | 16 |
| carrying, or possession is incident to the lawful
| 17 |
| transportation in which such common carrier is engaged; and | 18 |
| nothing in this
Article shall prohibit, apply to, or affect the | 19 |
| transportation, carrying,
or possession of any pistol, | 20 |
| revolver, stun gun, taser, or other firearm,
not the subject of | 21 |
| and regulated by subsection 24-1(a)(7) or subsection
24-2(c) of | 22 |
| this Article, which is unloaded and enclosed in a case, firearm
| 23 |
| carrying box, shipping box, or other container, by the | 24 |
| possessor of a valid
Firearm Owners Identification Card.
| 25 |
| (Source: P.A. 92-325, eff. 8-9-01; 93-438, eff. 8-5-03; 93-439, | 26 |
| eff. 8-5-03;
93-576, eff. 1-1-04; revised
9-15-03.)
| 27 |
| Section 999. Effective date. This Act takes effect January | 28 |
| 1, 2005.".
|
|