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90_HB1061ham001
LRB9003954RCksam
1 AMENDMENT TO HOUSE BILL 1061
2 AMENDMENT NO. . Amend House Bill 1061, by replacing
3 the title with the following:
4 "AN ACT in relation to firearms."; and
5 by replacing everything after the enacting clause with the
6 following:
7 "Section 1. Short title. This Act may be cited as the
8 Family and Personal Protection Act.
9 Section 5. Legislative declaration. The General Assembly
10 finds that as a matter of public policy it is necessary to
11 provide statewide uniform standards for issuing permits to
12 carry concealed firearms and to occupy the entire field of
13 regulation of the bearing of concealed firearms to ensure
14 that no person who qualifies under the provisions of this Act
15 is denied his or her rights, and that no person who does not
16 qualify under the provisions of this Act receives a permit to
17 carry concealed firearms. The General Assembly does not
18 delegate to the Department of State Police the authority to
19 regulate or restrict the issuing of concealed firearms
20 permits provided for in this Act beyond those provisions
21 contained in this Act.
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1 Section 10. Definitions. As used in this Act:
2 "Concealed firearm" means a handgun carried on or about a
3 person completely or mostly concealed from view of the
4 public, or carried in a vehicle in such a way as it is
5 concealed from view of the public.
6 "Department" means the Department of State Police.
7 "Director" means Director of State Police.
8 "Fund" means Citizen Safety and Self-Defense Trust Fund.
9 "Handgun" has the meaning ascribed to it in subsection
10 (h) of Section 24-3 of the Criminal Code of 1961.
11 "Permit" means a permit to carry a concealed firearm
12 issued by the Department of State Police.
13 "Permittee" means a person who is issued a permit to
14 carry a concealed firearm by the Department of State Police.
15 Section 15. Citizen Safety and Self-Defense Trust Fund.
16 (a) There is created the Citizen Safety and Self-Defense
17 Trust Fund. The Fund shall be maintained apart from the State
18 Treasury and shall be administered by the Department. Money
19 from federal and State sources may be deposited into the
20 Fund. Fees from applications for new, renewal, corrected and
21 duplicate concealed firearms permits shall be deposited into
22 the Fund. The Department may invest the monies in the Fund,
23 and any income on these investments shall be reinvested in
24 the Fund.
25 (b) The Department shall use the moneys in the Fund
26 exclusively for the administration of this Act.
27 Section 20. Permit for concealed firearms. The Department
28 of State Police is authorized to issue permits to carry
29 concealed firearms to persons qualified as provided in this
30 Act. Permits to carry a concealed firearms shall be valid
31 throughout the State for a period of 3 years from the date of
32 issuance. Any person in compliance with the terms of the
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1 permit may carry concealed firearms on or about his or her
2 person.
3 Section 25. Application for permit and qualifications of
4 applicants.
5 (a) The application for a permit or renewal of a permit
6 to carry a concealed firearm shall be obtained from the
7 office of the sheriff of the county in which the person
8 resides. The completed application and all accompanying
9 material plus an application fee or renewal fee, as
10 appropriate of $75 shall be presented to the office of the
11 sheriff of the county in which the applicant resides.
12 The sheriff shall transmit the application, accompanying
13 material, and application fees to the Department of State
14 Police within 10 working days. Twenty dollars of the
15 application fee shall be retained by the office of the
16 sheriff for official expenses of the office.
17 The sheriff may submit specific and articulable reasons
18 to the Department in objection to an application for a
19 concealed firearms permit. He or she shall articulate the
20 recommendation for denial in a written report and transmit
21 that report to the Department of State Police within 10
22 working days. The Department of State Police shall maintain
23 the report which shall be available to the applicant for a
24 concealed firearms permit.
25 (b) The Department of State Police, upon a person's
26 application for a concealed firearms permit, upon receipt of
27 the appropriate fees, and after compliance with the
28 procedures set out in this Section, shall issue the applicant
29 a concealed firearms permit if the person:
30 (i) Is at least 21 years of age;
31 (ii) Resides within the State of Illinois and has been a
32 resident for the last 6 months and is a permanent resident
33 of the United States;
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1 (iii) Has not been convicted of a crime punishable by
2 imprisonment for a term exceeding one year, or of a
3 misdemeanor evidencing violence, is not free on any form of
4 bond or pretrial release, and has no outstanding warrants
5 for those crimes;
6 (iv) Has no record of mental disease or mental illness
7 on file with the Department of State Police that would
8 evidence incapacity, or lack of proper mental capacity;
9 (v) Has not been committed to a state or federal
10 facility for the abuse of a controlled substance or cannabis
11 or has not been convicted of a misdemeanor violation of the
12 Illinois Controlled Substances Act or Cannabis Control Act or
13 similar laws of any other state relating to controlled
14 substances or cannabis within a 10 year period immediately
15 preceding the date on which the application is submitted; and
16 (vi) Does not chronically and habitually use alcoholic
17 beverages as evidenced by the applicant having 2 or more
18 convictions for violating Section 11-501 of the Illinois
19 Vehicle Code or similar provision of a local ordinance within
20 5 years preceding his or her application or if the applicant
21 has elected treatment under the supervision of a licensed
22 program in accordance with the Alcoholism and other Drug
23 Abuse and Dependency Act or similar laws of any other state
24 within a 5 year period immediately preceding the date on
25 which the application is submitted.
26 Section 30. Contents of application. The initial
27 application shall be in writing, under oath and under the
28 penalties of perjury, on a standard form promulgated by the
29 Department of State Police and shall be accompanied by the
30 appropriate fees and required documentation. The application
31 shall contain only the following information:
32 (i) the applicant's name, address, and date and place of
33 birth;
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1 (ii) a head and shoulder photograph taken within 30 days
2 preceding the date on which the application is submitted;
3 (iii) questions to certify or demonstrate the applicant
4 has completed a firearms and deadly use of force training
5 and education prerequisites specified under this Act;
6 (iv) a statement that the applicant is a resident of the
7 State of Illinois and has been a resident for the last 6
8 months and is a permanent resident of the United States;
9 (v) a waiver of privacy and confidentiality rights and
10 privileges enjoyed by the applicant under all federal and
11 state laws governing access to juvenile court, criminal
12 justice, psychological or psychiatric records, or records
13 relating to the applicant's history of institutionalization,
14 and an affirmative request that any person having custody of
15 any such record provide it or information concerning it to
16 the Department;
17 (vi) a conspicuous warning that false statements made by
18 the applicant will result in prosecution for perjury in
19 accordance with Section 32-2 of the Criminal Code of 1961;
20 (vii) An affirmation that the applicant is at least 21
21 years of age, that the applicant posses a currently valid
22 Illinois Firearm Owner's Identification Card, together with
23 the card number or is applying for the card in conjunction
24 with the concealed firearms permit application;
25 (viii) An affirmation that the applicant has never been
26 convicted of any felony or of a misdemeanor involving the
27 use or threat of physical force or violence to any person;
28 and has never been adjudicated a delinquent minor for an
29 offense which, had he or she been tried as an adult would
30 have been such a felony or misdemeanor;
31 (ix) The application shall also contain the following
32 statement along with a signature line for use by the
33 applicant, which statement the applicant shall affirm under
34 oath "I the undersigned state, under oath and subject to the
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1 penalty of perjury, that I am not a streetgang member as
2 defined in Section 10 of the Illinois Streetgang Terrorism
3 Omnibus Prevention Act, and I will not join or become
4 associated with a criminal streetgang.".
5 Section 35. Submission of identifying information; fee.
6 In addition to the completed application, the applicant must
7 also submit the following to the sheriff of the county in
8 which the applicant resides. The sheriff shall submit the
9 information to the Department of State Police:
10 (i) A head and shoulder photograph as required by
11 Section 30 in a size specified by the Department of State
12 Police taken within 30 days preceding the date on which the
13 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 of
17 $75 for each renewal of a permit. A non-refundable processing
18 fee of $20 shall be retained by the sheriff.
19 (iii) A full set of legible fingerprints administered to
20 the applicant by the Department of State Police, or any other
21 federal, State, county or municipal law enforcement agency.
22 Any cost of fingerprinting shall be paid by the applicant.
23 (iv) A photocopy of a certificate or other evidence of
24 completion of a course to show compliance with Section 60 of
25 this Act.
26 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
32 as it is possible to determine, nothing in the applicant's
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1 background or present circumstances disqualify him or her
2 from 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.
5 (b) If the applicant is found to be ineligible, the
6 Department of State Police shall deny the application, and
7 notify the applicant in writing, stating the grounds for
8 denial and informing the applicant of the right to submit,
9 within 30 days, any additional documentation relating to the
10 grounds of the denial. Upon receiving any additional
11 documentation, the Department of State Police shall
12 reconsider its decision and inform the applicant within 30
13 days of the result of the reconsideration. The applicant
14 shall further be informed of the right to appeal the denial
15 in the circuit court of his or her place of residence.
16 Section 45. Notification of renewal. Not later than 120
17 days before the expiration of any permit issued under this
18 Act, the Department of State Police shall notify the permit
19 holder in writing of the expiration and furnish an
20 application for renewal of the permit.
21 Section 50. Renewal of permit.
22 (a) The permit shall be renewed for a qualified
23 applicant upon receipt of the properly completed renewal
24 application and required renewal fee. The renewal application
25 shall contain the same required information as set forth in
26 paragraphs (i) through (ix) of Section 30, except that in
27 lieu of the firearm education and use of deadly force
28 training, the applicant need only demonstrate previous
29 issuance of and continued eligibility for a concealed
30 firearms permit.
31 (b) A permittee who fails to file a renewal application
32 on or before its expiration date must pay an additional late
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1 fee of $25. A person who fails to renew his or her
2 application within 6 months after it's expiration must
3 reapply for a new permit and pay the fee for a new
4 application.
5 Section 55. Change of Address, change of name or lost or
6 destroyed permits.
7 (a) Within 30 days after the changing of a permanent
8 residence, or within 30 days after loss or destruction of a
9 concealed firearms permit, the permittee shall notify the
10 Department of State Police of the loss, destruction, change
11 of name, or change of residence. Failure to notify the
12 Department of State Police shall constitute a noncriminal
13 violation with a penalty of $25 payable to the Department of
14 State Police.
15 (b) If a person issued a permit to carry a concealed
16 firearm changes residence within this State, or changes his
17 or her name, the person to whom the permit was issued may
18 upon payment of $25 to the Department of State Police obtain
19 a corrected concealed firearms permit with a change of
20 address or change of name upon furnishing a notarized
21 statement to the Department of State Police that the
22 permittee has changed residence, or his or her name and upon
23 submission of an application as set forth in Section 25 and
24 photograph as set forth in paragraph (ii) of Section 30 of
25 this Act. A concealed firearms permit shall be automatically
26 invalid after 30 days if the permittee has not notified the
27 Department of State Police of a change of residence.
28 (c) If a permit to carry a concealed firearm is lost or
29 destroyed, the permit shall be automatically invalid, and the
30 person to whom the permit was issued may upon payment of $25
31 to the Department of State Police obtain a duplicate, and
32 upon furnishing a notarized statement to the Department of
33 State Police that the permit was lost or destroyed, and
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1 submission of an application as set forth is Section 25 and
2 photograph as set forth in paragraph (ii) of Section 30 of
3 this Act.
4 Section 60. Applicant training.
5 (a) The applicant training course shall be the
6 standardized training course furnished by the Department and
7 taught by a qualified firearms instructor, consisting of:
8 (1) Eight hours of classroom instruction, covering
9 at least the following topics:
10 (i) handgun safety in the classroom, at home,
11 on the firing range or while carrying the firearm;
12 (ii) the basic principles of marksmanship;
13 (iii) care and cleaning of handguns; and
14 (iv) by means of a videotape produced or
15 approved by the Department:
16 (A) the requirements for obtaining a
17 concealed firearms permit in this State;
18 (B) laws relating to firearms as
19 prescribed in the Firearm Owners Identification
20 Card Act, Article 24 of the Criminal Code of
21 1961, and 18 U.S.C. 921 through 930;
22 (C) laws relating to the justifiable use
23 of force as prescribed in Article 7 of the
24 Criminal Code of 1961.
25 (2) live firing exercises of sufficient duration
26 for each applicant to fire a handgun:
27 (i) from a standing position;
28 (ii) a minimum of 20 rounds;
29 (iii) at a distance from a B-21 silhouette
30 target, or an equivalent as approved by the
31 Department, of 7 yards.
32 (b) The classroom portion of the course may be, at the
33 qualified firearms instructor's discretion, taught in one
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1 eight-hour block or divided into segments of not less than
2 one hour each.
3 (c) (1) An applicant training course shall not be open
4 to persons who are less than 21 years of age.
5 (2) An applicant training course students shall
6 complete a course application form, which shall include a
7 statement acknowledging receipt of copies of pertinent
8 statutory provisions listed in clauses (A), (B), and (C)
9 of subparagraph (iv) of paragraph (1) of subsection (a)
10 and a liability waiver.
11 (3) The course application form may be obtained
12 from the qualified firearms instructor at the time of the
13 course.
14 (d) Qualified firearms instructors shall not discuss the
15 content of the video tape or the content of the statutory
16 provisions listed in clauses (A), (B), and (C) of
17 subparagraph (iv) of paragraph (1) of subsection (a) with
18 students, either individually or as a class.
19 (e) At the conclusion of the classroom portion of the
20 applicant training course, the qualified firearms instructor
21 shall:
22 (1) distribute a standard course examination to the
23 students;
24 (2) not leave the room in which the examination is
25 being held while the examination is in progress;
26 (3) collect examination booklets and answer sheets
27 from each student at the end of the examination period;
28 (4) not grade the examinations in the presence of
29 students; and
30 (5) not divulge an applicant's numeric score on the
31 day of the examination, but may indicate whether an
32 applicant passed or failed the examination.
33 (f) A person shall not:
34 (1) Make an unauthorized copy of the applicant
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1 training course examination, in whole or in part;
2 (2) Possess the applicant training course
3 examination, or questions from the examination, unless
4 authorized by the Department; or
5 (3) Divulge the contents of an applicant training
6 course examination questions to another person.
7 (g) (1) Students shall provide their own safe,
8 functional handgun and factory-loaded ammunition.
9 (2) Prior to conducting range firing, the certified
10 firearms instructor shall:
11 (i) inspect each applicant's firearm; and
12 (ii) not allow the firing of a handgun that is
13 not in sound mechanical condition or otherwise may
14 pose a safety hazard.
15 (h) Grades of "passing" shall not be given on range work
16 to an applicant who:
17 (1) does not follow the orders of the certified
18 firearms instructor;
19 (2) in the judgment of the certified firearms
20 instructor, handles a firearm in a manner that poses a
21 danger to the applicant or to others; or
22 (3) fails to hit the silhouette portion of the
23 target with the majority of the 20 rounds.
24 (i) Certified firearms instructors shall:
25 (1) allow monitoring of their classes by officials
26 of any certifying agency;
27 (2) make all course records available upon demand
28 to authorized personnel of the Department; and
29 (3) not divulge course records except as authorized
30 by the certifying agency.
31 (j) (1) Fees for applicant training courses shall not
32 exceed $75 per student.
33 (2) Qualified firearms instructors shall collect
34 the fee and remit $25 of the fee to the Department.
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1 (3) Fees shall not be refunded to students who fail
2 or otherwise do not complete the course.
3 (k) An applicant training course shall not have more
4 than 40 students in the classroom portion or more than 5
5 students per range officer engaged in range firing.
6 (l) Within 3 working days after the completion of the
7 course, the certified firearms instructor shall:
8 (1) grade the examinations and
9 (2) mail to the Department:
10 (i) the completed course application
11 form, showing the student's score on the
12 written examination and indicating whether
13 the student passed or failed the range
14 work, and
15 (ii) the graded examinations.
16 (m) Within 15 days after receipt of the material
17 described in section (1), the Department shall mail to the
18 applicant:
19 (i) A certificate of successful course completion;
20 or
21 (ii) Notification that the applicant has failed the
22 course and will not be certified.
23 (n) A student shall be issued a certificate of
24 completion if he or she:
25 (i) answers at least 70% of the written examination
26 questions correctly; and
27 (ii) achieves a grade of "passing" on the range
28 work.
29 (o) (i) Students who score below 70% on the written
30 examination may retake the examination one time without
31 having to retake the course.
32 (ii) Students who do not achieve a grade of
33 "passing" on the range work may repeat the range work one
34 time without having to retake the course.
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1 (iii) Notices of failure will include information
2 on whether the student failed the written exam, the range
3 firing, or both.
4 Section 65. Firearms instructors training.
5 (a) Persons who are not qualified firearms instructors
6 shall not teach applicant training courses.
7 (b) Persons who are not qualified firearms instructors
8 shall not advertise or otherwise represent courses they teach
9 as qualifying their students to meet the requirements to
10 receive a permit to carry concealed firearms in this State.
11 (c) Persons who are not certified instructor trainers
12 shall not teach instructor qualification courses.
13 (d) Persons wishing to become qualified firearms
14 instructors shall:
15 (1) be at least 21 years of age;
16 (2) be a citizen of the United States; and
17 (3) meet the requirements of subsection (b) of
18 Section 25.
19 (e) Persons wishing to become instructor trainers, in
20 addition to the requirements of subsection (d) of this
21 Section, shall:
22 (1) possess a high school diploma or GED
23 certificate,
24 (2) have at least one of the following valid
25 firearms instructor certifications:
26 (I) National Rifle Association Personal
27 Protection Instructor;
28 (II) National Rifle Association Pistol
29 Marksmanship Instructor;
30 (III) Certification from a firearms
31 instructor's course offered by a State or federal
32 governmental agency; or
33 (IV) A similar firearms instructor qualifying
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1 course, approved the Director of State Police or his
2 or her designee.
3 (f) (1) Applicants shall agree to background checks.
4 (2) An applicant may be disqualified from taking
5 firearms instructor training, or have his or her
6 instructor qualification revoked if the applicant:
7 (A) does not meet the requirements of this Act
8 to possess a concealed firearms permit;
9 (B) provides false or misleading information
10 on the application; or
11 (C) has had a prior instructor qualification
12 revoked by the Department.
13 (g) The training course to certify firearms instructors
14 and instructor trainers shall include:
15 (1) Sixteen hours of classroom instruction covering
16 at least the following topics:
17 (i) By means of a videotape produced or
18 approved by the Department:
19 (A) the requirements for obtaining a concealed
20 firearms permit in this State;
21 (B) laws relating to firearms as contained in
22 the Firearm Owners Identification Card Act, Article
23 24 of the Criminal Code of 1961, and 18 U.S.C. 921
24 through 930.
25 (C) laws relating to the justifiable use of
26 force as contained in Article 7 of the Criminal Code
27 of 1961;
28 (D) the conduct of applicant training courses;
29 (E) record-keeping requirements of this Act;
30 (F) the basic nomenclature of handguns;
31 (G) the basic principles of marksmanship; and
32 (H) the safe handling of handguns.
33 (2) A classroom demonstration, during which the
34 instructor candidate shall receive instruction on and
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1 demonstrate competency in the ability to prepare and
2 deliver a classroom presentation using materials from the
3 applicant curriculum.
4 (3) Range instruction and firing of live
5 ammunition, during which the instructor candidate shall
6 receive instruction on and demonstrate competency in the
7 ability to:
8 (i) handle and fire a handgun safely and
9 accurately;
10 (ii) conduct a function test and safety
11 inspection of common types of handguns;
12 (iii) clean common types of handguns; and
13 (iv) supervise and conduct live firing
14 exercises in a safe and efficient manner.
15 (h) To qualify as a certified firearms instructor or
16 instructor trainer, instructor candidates shall achieve:
17 (1) A minimum score of 70% on a written examination
18 covering the material taught during the classroom portion
19 of the course;
20 (2) A minimum score of 80% on range firing of a
21 handgun from the standing position while aiming at a B-21
22 PC silhouette target or an equivalent as approved by the
23 Department, with a minimum of:
24 (i) ten rounds from 7 yards; and
25 (ii) ten rounds from 15 yards; and
26 (iii) a score of "passing" from the
27 course instructor for demonstrating competency
28 in each of the following:
29 (A) Supervising and conducting live fire;
30 (B) Cleaning and inspecting handguns; and
31 (C) Preparing and delivering the classroom
32 lecture.
33 (i) Instructor candidates who fail to meet the minimum
34 requirements of subsection (h) of this Section may retake the
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1 examination, range work, or classroom demonstration one time
2 without having to repeat the course.
3 (j) Qualified firearms instructor and instructor trainer
4 certificates shall be valid for 3 years from date of issue.
5 Qualified firearms instructors or instructor trainers may
6 renew their certification by successfully completing a
7 refresher course offered or approved by the Department.
8 (k) The fees for instructor trainer or refresher courses
9 shall be $100 per student.
10 (1) The fees for qualified instructor courses shall
11 be no more than $100 per student. The instructor trainer
12 shall remit $50 per student to the Department.
13 (2) Fees shall not be refunded to those who do not
14 pass or otherwise fail to complete a course.
15 (l) Course participants shall provide their own safe,
16 functional handgun and factory-loaded ammunition.
17 (m) Prior to conducting range firing, the course
18 instructor shall:
19 (i) inspect each applicant's firearm; and
20 (ii) not allow the firing of a handgun which is not
21 in sound mechanical condition or otherwise may pose a
22 safety hazard.
23 Section 70. Reciprocity.
24 (a) A person who has a valid permit or license to carry
25 a concealed firearm issued by another state of the United
26 States and whose state grants to Illinois residents the right
27 to carry a concealed firearm in the state without requiring a
28 separate permit or license to carry a concealed firearm
29 issued by that state, may, subject to provisions of Illinois
30 law, carry a concealed firearm in Illinois and his or her
31 permit or license shall be considered valid in Illinois.
32 (b) A person who holds a valid permit or license issued
33 by another state of the United States whose home state
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1 permits Illinois residents to obtain a permit or license to
2 carry a concealed firearm in that state may apply directly to
3 the Department of State Police for a permit to carry a
4 concealed firearm in Illinois. The Department of State Police
5 shall take whatever steps are necessary to verify that the
6 person applying has a valid permit or license to carry a
7 concealed firearm issued by his or her home state.
8 Section 75. Concealed firearms permit. A concealed
9 firearm permit shall authorize the person in whose name the
10 permit is issued to carry a concealed firearms on or about
11 his or her person or vehicle throughout the State. No permit
12 issued under this Section shall authorize any person to carry
13 a concealed firearm:
14 (i) Into or upon the property of any police, sheriff, or
15 highway patrol, office or station.
16 (ii) Into or upon the property of any adult or juvenile
17 detention or correctional facility, 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.
23 (iv) Any meeting of the governing body of a unit of
24 local government; or any meeting of the General Assembly or a
25 committee of the General Assembly, except that nothing in
26 this Section shall preclude a member of the body, holding a
27 concealed firearms permit from carrying a concealed firearm
28 at a meeting of the body which he or she is a member.
29 (v) Any building exclusively used by a unit of local
30 government except those buildings used for public housing by
31 private persons.
32 The General Assembly, county, or municipality may by
33 statute, administrative regulation, or ordinance, prohibit or
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1 limit the carrying of concealed firearms by permit holders in
2 that portion of a building owned, leased or controlled by
3 that unit of government. That portion of a building in which
4 the carrying of concealed firearms is prohibited or limited
5 shall be clearly identified by signs posted at the entrance
6 to the restricted area. The statute or ordinance shall exempt
7 any building used for public housing by private persons,
8 highway or rest areas, firing ranges, and private dwellings
9 owned leased, or controlled by that unit of government from
10 any restriction on the carrying or possession of a firearm.
11 The statute or ordinance shall not specify any criminal
12 penalty for its violation but may specify that persons
13 violating the statute or ordinance may be denied entrance to
14 the building, ordered to leave the building and if the
15 employees of the unit of government, be subjected to
16 disciplinary measures for violation of the provisions of the
17 statute or ordinance. The provisions of this Section shall
18 not apply to any other unit of 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.
23 This paragraph (vi) does not apply to any bona fide
24 restaurant open to the general public having dining
25 facilities for not less than 50 persons and which receives
26 at least 50% of it's gross annual income from the dining
27 facilities by the sale of food.
28 (vii) Any area of an airport to which access is
29 controlled by the inspection of persons and property.
30 (viii) Any place where the carrying of a firearm is
31 prohibited by federal law.
32 (ix) Any elementary or secondary school facility without
33 the consent of school authorities.
34 (x) A concealed firearm permit does not authorize the
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1 concealed carrying or transportation of a stun gun or taser.
2 Section 80. Immunity of Department and sheriff and their
3 employees and agents. The Department of State Police or
4 office of the county sheriff or any employee or agent of the
5 Department of State Police or county sheriff shall not be
6 liable for damages in any civil action arising from alleged
7 wrongful or improper granting, renewing, or failure to revoke
8 permits issued under this Act.
9 Section 85. Severability. The provisions of this Act are
10 severable under Section 1.31 of the Statute on Statutes.
11 Section 90. Fees. Fees collected under this Act and
12 deposited into the Citizen Safety and Self-Defense Trust Fund
13 shall be used exclusively for administrating the provisions
14 of this Act; except that, commencing January 1, 1999, any
15 excess monies in the Fund may be used to ensure the prompt
16 and efficient processing of applications received under
17 Section 30 of this Act.
18 (i) Fees for a concealed firearms permit shall be:
19 New permit..$100
20 Renewal..$75
21 Duplicate due to lost or destroyed..$25
22 Corrected permit due to change of address or name..$25
23 Late renewal fee..$25
24 (ii) The Secretary of State shall conduct a study, to
25 determine the cost and feasibility of creating a method of
26 adding an identifiable code, background, or other means to
27 show that an individual has been issued a permit to carry a
28 concealed firearm by the Department of State Police. By March
29 1 of each year, the Department of State Police shall submit a
30 statistical report to the Governor, the president of the
31 Senate and the Speaker of the House of Representatives,
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1 indicating the number of permits issued, revoked, suspended,
2 denied and issued after appeal since the last report and in
3 total and also the number of permits currently valid. The
4 report shall also include the number of arrests, convictions
5 and types of crimes since the last report by individuals
6 issued permits to carry a concealed firearm.".