Illinois General Assembly - Full Text of HB5778
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Full Text of HB5778  99th General Assembly


Rep. Emanuel Chris Welch

Filed: 3/23/2016





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2    AMENDMENT NO. ______. Amend House Bill 5778 by replacing
3everything after the enacting clause with the following:
4    "Section 5. The Firearm Concealed Carry Act is amended by
5changing Section 65 as follows:
6    (430 ILCS 66/65)
7    Sec. 65. Prohibited areas.
8    (a) A licensee under this Act shall not knowingly carry a
9firearm on or into:
10        (1) Any building, real property, and parking area under
11    the control of a public or private elementary or secondary
12    school.
13        (2) Any building, real property, and parking area under
14    the control of a pre-school or child care facility,
15    including any room or portion of a building under the
16    control of a pre-school or child care facility. Nothing in



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1    this paragraph shall prevent the operator of a child care
2    facility in a family home from owning or possessing a
3    firearm in the home or license under this Act, if no child
4    under child care at the home is present in the home or the
5    firearm in the home is stored in a locked container when a
6    child under child care at the home is present in the home.
7        (3) Any building, parking area, or portion of a
8    building under the control of an officer of the executive
9    or legislative branch of government, provided that nothing
10    in this paragraph shall prohibit a licensee from carrying a
11    concealed firearm onto the real property, bikeway, or trail
12    in a park regulated by the Department of Natural Resources
13    or any other designated public hunting area or building
14    where firearm possession is permitted as established by the
15    Department of Natural Resources under Section 1.8 of the
16    Wildlife Code.
17        (4) Any building designated for matters before a
18    circuit court, appellate court, or the Supreme Court, or
19    any building or portion of a building under the control of
20    the Supreme Court.
21        (5) Any building or portion of a building under the
22    control of a unit of local government.
23        (6) Any building, real property, and parking area under
24    the control of an adult or juvenile detention or
25    correctional institution, prison, or jail.
26        (7) Any building, real property, and parking area under



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1    the control of a public or private hospital or hospital
2    affiliate, mental health facility, or nursing home.
3        (8) Any bus, train, or form of transportation paid for
4    in whole or in part with public funds, and any building,
5    real property, and parking area under the control of a
6    public transportation facility paid for in whole or in part
7    with public funds.
8        (9) Any building, real property, and parking area under
9    the control of an establishment that serves alcohol on its
10    premises, if more than 50% of the establishment's gross
11    receipts within the prior 3 months is from the sale of
12    alcohol. The owner of an establishment who knowingly fails
13    to prohibit concealed firearms on its premises as provided
14    in this paragraph or who knowingly makes a false statement
15    or record to avoid the prohibition on concealed firearms
16    under this paragraph is subject to the penalty under
17    subsection (c-5) of Section 10-1 of the Liquor Control Act
18    of 1934.
19        (10) Any public gathering or special event conducted on
20    property open to the public that requires the issuance of a
21    permit from the unit of local government, provided this
22    prohibition shall not apply to a licensee who must walk
23    through a public gathering in order to access his or her
24    residence, place of business, or vehicle.
25        (11) Any building or real property that has been issued
26    a Special Event Retailer's license as defined in Section



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1    1-3.17.1 of the Liquor Control Act during the time
2    designated for the sale of alcohol by the Special Event
3    Retailer's license, or a Special use permit license as
4    defined in subsection (q) of Section 5-1 of the Liquor
5    Control Act during the time designated for the sale of
6    alcohol by the Special use permit license.
7        (12) Any public playground.
8        (13) Any public park, athletic area, or athletic
9    facility under the control of a municipality or park
10    district, provided nothing in this Section shall prohibit a
11    licensee from carrying a concealed firearm while on a trail
12    or bikeway if only a portion of the trail or bikeway
13    includes a public park.
14        (14) Any real property under the control of the Cook
15    County Forest Preserve District.
16        (15) Any building, classroom, laboratory, medical
17    clinic, hospital, artistic venue, athletic venue,
18    entertainment venue, officially recognized
19    university-related organization property, whether owned or
20    leased, and any real property, including parking areas,
21    sidewalks, and common areas under the control of a public
22    or private community college, college, or university.
23        (16) Any building, real property, or parking area under
24    the control of a gaming facility licensed under the
25    Riverboat Gambling Act or the Illinois Horse Racing Act of
26    1975, including an inter-track wagering location licensee.



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1        (17) Any stadium, arena, or the real property or
2    parking area under the control of a stadium, arena, or any
3    collegiate or professional sporting event.
4        (18) Any building, real property, or parking area under
5    the control of a public library.
6        (19) Any building, real property, or parking area under
7    the control of an airport.
8        (20) Any building, real property, or parking area under
9    the control of an amusement park.
10        (21) Any building, real property, or parking area under
11    the control of a zoo or museum.
12        (22) Any street, driveway, parking area, property,
13    building, or facility, owned, leased, controlled, or used
14    by a nuclear energy, storage, weapons, or development site
15    or facility regulated by the federal Nuclear Regulatory
16    Commission. The licensee shall not under any circumstance
17    store a firearm or ammunition in his or her vehicle or in a
18    compartment or container within a vehicle located anywhere
19    in or on the street, driveway, parking area, property,
20    building, or facility described in this paragraph.
21        (23) Any area where firearms are prohibited under
22    federal law.
23    (a-5) Nothing in this Act shall prohibit a public or
24private community college, college, or university from:
25        (1) prohibiting persons from carrying a firearm within
26    a vehicle owned, leased, or controlled by the college or



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1    university;
2        (2) developing resolutions, regulations, or policies
3    regarding student, employee, or visitor misconduct and
4    discipline, including suspension and expulsion;
5        (3) developing resolutions, regulations, or policies
6    regarding the storage or maintenance of firearms, which
7    must include designated areas where persons can park
8    vehicles that carry firearms; and
9        (4) permitting the carrying or use of firearms for the
10    purpose of instruction and curriculum of officially
11    recognized programs, including but not limited to military
12    science and law enforcement training programs, or in any
13    designated area used for hunting purposes or target
14    shooting.
15    (a-10) The owner of private real property of any type may
16prohibit the carrying of concealed firearms on the property
17under his or her control. The owner must post a sign in
18accordance with subsection (d) of this Section indicating that
19firearms are prohibited on the property, unless the property is
20a private residence.
21    (b) Notwithstanding subsections (a), (a-5), and (a-10) of
22this Section except under paragraph (22) or (23) of subsection
23(a), any licensee prohibited from carrying a concealed firearm
24into the parking area of a prohibited location specified in
25subsection (a), (a-5), or (a-10) of this Section shall be
26permitted to carry a concealed firearm on or about his or her



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1person within a vehicle into the parking area and may store a
2firearm or ammunition concealed in a case within a locked
3vehicle or locked container out of plain view within the
4vehicle in the parking area. A licensee may carry a concealed
5firearm in the immediate area surrounding his or her vehicle
6within a prohibited parking lot area only for the limited
7purpose of storing or retrieving a firearm within the vehicle's
8trunk. For purposes of this subsection, "case" includes a glove
9compartment or console that completely encloses the concealed
10firearm or ammunition, the trunk of the vehicle, or a firearm
11carrying box, shipping box, or other container.
12    (c) A licensee shall not be in violation of this Section
13while he or she is traveling along a public right of way that
14touches or crosses any of the premises under subsection (a),
15(a-5), or (a-10) of this Section if the concealed firearm is
16carried on his or her person in accordance with the provisions
17of this Act or is being transported in a vehicle by the
18licensee in accordance with all other applicable provisions of
20    (d) Signs stating that the carrying of firearms is
21prohibited shall be clearly and conspicuously posted at the
22entrance of a building, premises, or real property specified in
23this Section as a prohibited area, unless the building or
24premises is a private residence. Signs shall be of a uniform
25design as established by the Department and shall be 4 inches
26by 6 inches in size. The Department shall adopt rules for



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1standardized signs to be used under this subsection.
2    (e) The trier of fact may infer that a licensee knowingly
3carried a firearm on or into a building, premises, or real
4property specified in subsection (a) of this Section as a
5prohibited area, if the licensee has completed the firearm
6training as prescribed in Section 75 of this Act.
7(Source: P.A. 98-63, eff. 7-9-13; 99-29, eff. 7-10-15.)".