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| [ House Amendment 003 ] |
90_HB1557
New Act
430 ILCS 65/13.1 from Ch. 38, par. 83-13.1
Creates the Family and Personal Protection Act.
Establishes statewide uniform standards for the issuance of
permits to carry concealed firearms in this State. Vests in
the Department of State Police, the authority to issue
concealed firearms permits to qualified applicants. Requires
an applicant to complete a training course in handgun use,
safety, and marksmanship. Also requires instruction in the
law relating to firearm use. Requires an applicant to be at
least 21 years of age. Prohibits an applicant who has been
convicted of a felony or has a history of mental illness,
addiction, or habitual alcohol use from obtaining a permit.
Creates the Citizen Safety and Self-Defense Trust Fund
administered by the Department. The moneys in the Fund shall
be used to administer the Act. Establishes restrictions on
carrying concealed firearms. Establishes standards for the
training course and for certifying instructors. Amends the
Firearm Owners Identification Card Act to preempt home rule.
LRB9003921RCksA
LRB9003921RCksA
1 AN ACT in relation to firearms.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 1. Short title. This Act may be cited as the
5 Family and Personal Protection Act.
6 Section 5. Legislative declaration. The General Assembly
7 finds that as a matter of public policy it is necessary to
8 provide statewide uniform standards for issuing permits to
9 carry concealed firearms and to occupy the entire field of
10 regulation of the bearing of concealed firearms to ensure
11 that no person who qualifies under the provisions of this Act
12 is denied his or her rights, and that no person who does not
13 qualify under the provisions of this Act receives a permit to
14 carry concealed firearms. The General Assembly does not
15 delegate to the Department of State Police the authority to
16 regulate or restrict the issuing of concealed firearms
17 permits provided for in this Act beyond those provisions
18 contained in this Act.
19 Section 10. Definitions. As used in this Act:
20 "Concealed firearm" means a handgun carried on or about a
21 person completely or mostly concealed from view of the
22 public, or carried in a vehicle in such a way as it is
23 concealed from view of the public.
24 "Department" means the Department of State Police.
25 "Director" means Director of State Police.
26 "Fund" means Citizen Safety and Self-Defense Trust Fund.
27 "Handgun" has the meaning ascribed to it in subsection
28 (h) of Section 24-3 of the Criminal Code of 1961.
29 "Permit" means a permit to carry a concealed firearm
30 issued by the Department of State Police.
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1 "Permittee" means a person who is issued a permit to
2 carry a concealed firearm by the Department of State Police.
3 Section 15. Citizen Safety and Self-Defense Trust Fund.
4 (a) There is created the Citizen Safety and Self-Defense
5 Trust Fund. The Fund shall be maintained apart from the State
6 Treasury and shall be administered by the Department. Money
7 from federal and State sources may be deposited into the
8 Fund. Fees from applications for new, renewal, corrected and
9 duplicate concealed firearms permits shall be deposited into
10 the Fund. The Department may invest the monies in the Fund,
11 and any income on these investments shall be reinvested in
12 the Fund.
13 (b) The Department shall use the moneys in the Fund
14 exclusively for the administration of this Act.
15 Section 20. Permit for concealed firearms. The Department
16 of State Police is authorized to issue permits to carry
17 concealed firearms to persons qualified as provided in this
18 Act. Permits to carry a concealed firearms shall be valid
19 throughout the State for a period of 3 years from the date of
20 issuance. Any person in compliance with the terms of the
21 permit may carry concealed firearms on or about his or her
22 person.
23 Section 25. Application for permit and qualifications of
24 applicants.
25 (a) The application for a permit or renewal of a permit
26 to carry a concealed firearm shall be obtained from the
27 office of the sheriff of the county in which the person
28 resides. The completed application and all accompanying
29 material plus an application fee or renewal fee, as
30 appropriate of $75 shall be presented to the office of the
31 sheriff of the county in which the applicant resides.
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1 The sheriff shall transmit the application, accompanying
2 material, and application fees to the Department of State
3 Police within 10 working days. Twenty dollars of the
4 application fee shall be retained by the office of the
5 sheriff for official expenses of the office.
6 The sheriff may submit specific and articulable reasons
7 to the Department in objection to an application for a
8 concealed firearms permit. He or she shall articulate the
9 recommendation for denial in a written report and transmit
10 that report to the Department of State Police within 10
11 working days. The Department of State Police shall maintain
12 the report which shall be available to the applicant for a
13 concealed firearms permit.
14 (b) The Department of State Police, upon a person's
15 application for a concealed firearms permit, upon receipt of
16 the appropriate fees, and after compliance with the
17 procedures set out in this Section, shall issue the applicant
18 a concealed firearms permit if the person:
19 (i) Is at least 21 years of age;
20 (ii) Resides within the State of Illinois and has been a
21 resident for the last 6 months and is a permanent resident
22 of the United States;
23 (iii) Has not been convicted of a crime punishable by
24 imprisonment for a term exceeding one year, or of a
25 misdemeanor evidencing violence, is not free on any form of
26 bond or pretrial release, and has no outstanding warrants
27 for those crimes;
28 (iv) Has no record of mental disease or mental illness
29 on file with the Department of State Police that would
30 evidence incapacity, or lack of proper mental capacity;
31 (v) Has not been committed to a state or federal
32 facility for the abuse of a controlled substance or cannabis
33 or has not been convicted of a misdemeanor violation of the
34 Illinois Controlled Substances Act or Cannabis Control Act or
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1 similar laws of any other state relating to controlled
2 substances or cannabis within a 10 year period immediately
3 preceding the date on which the application is submitted; and
4 (vi) Does not chronically and habitually use alcoholic
5 beverages as evidenced by the applicant having 2 or more
6 convictions for violating Section 11-501 of the Illinois
7 Vehicle Code or similar provision of a local ordinance within
8 5 years preceding his or her application or if the applicant
9 has elected treatment under the supervision of a licensed
10 program in accordance with the Alcoholism and other Drug
11 Abuse and Dependency Act or similar laws of any other state
12 within a 5 year period immediately preceding the date on
13 which the application is submitted.
14 Section 30. Contents of application. The initial
15 application shall be in writing, under oath and under the
16 penalties of perjury, on a standard form promulgated by the
17 Department of State Police and shall be accompanied by the
18 appropriate fees and required documentation. The application
19 shall contain only the following information:
20 (i) the applicant's name, address, and date and place of
21 birth;
22 (ii) a head and shoulder photograph taken within 30 days
23 preceding the date on which the application is submitted;
24 (iii) questions to certify or demonstrate the applicant
25 has completed a firearms and deadly use of force training
26 and education prerequisites specified under this Act;
27 (iv) a statement that the applicant is a resident of the
28 State of Illinois and has been a resident for the last 6
29 months and is a permanent resident of the United States;
30 (v) a waiver of privacy and confidentiality rights and
31 privileges enjoyed by the applicant under all federal and
32 state laws governing access to juvenile court, criminal
33 justice, psychological or psychiatric records, or records
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1 relating to the applicant's history of institutionalization,
2 and an affirmative request that any person having custody of
3 any such record provide it or information concerning it to
4 the Department;
5 (vi) a conspicuous warning that false statements made by
6 the applicant will result in prosecution for perjury in
7 accordance with Section 32-2 of the Criminal Code of 1961;
8 (vii) An affirmation that the applicant is at least 21
9 years of age, that the applicant posses a currently valid
10 Illinois Firearm Owner's Identification Card, together with
11 the card number or is applying for the card in conjunction
12 with the concealed firearms permit application;
13 (viii) An affirmation that the applicant has never been
14 convicted of any felony or of a misdemeanor involving the
15 use or threat of physical force or violence to any person;
16 and has never been adjudicated a delinquent minor for an
17 offense which, had he or she been tried as an adult would
18 have been such a felony or misdemeanor;
19 (ix) The application shall also contain the following
20 statement along with a signature line for use by the
21 applicant, which statement the applicant shall affirm under
22 oath "I the undersigned state, under oath and subject to the
23 penalty of perjury, that I am not a streetgang member as
24 defined in Section 10 of the Illinois Streetgang Terrorism
25 Omnibus Prevention Act, and I will not join or become
26 associated with a criminal streetgang.".
27 Section 35. Submission of identifying information; fee.
28 In addition to the completed application, the applicant must
29 also submit the following to the sheriff of the county in
30 which the applicant resides. The sheriff shall submit the
31 information to the Department of State Police:
32 (i) A head and shoulder photograph as required by
33 Section 30 in a size specified by the Department of State
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1 Police taken within 30 days preceding the date on which the
2 application is submitted;
3 (ii) A non-refundable permit fee of $100 if he or she
4 has not previously been issued such a permit by the
5 Department of State Police, or a non-refundable permit fee of
6 $75 for each renewal of a permit. A non-refundable processing
7 fee of $20 shall be retained by the sheriff.
8 (iii) A full set of legible fingerprints administered to
9 the applicant by the Department of State Police, or any other
10 federal, State, county or municipal law enforcement agency.
11 Any cost of fingerprinting shall be paid by the applicant.
12 (iv) A photocopy of a certificate or other evidence of
13 completion of a course to show compliance with Section 60 of
14 this Act.
15 Section 40. Approval of application.
16 (a) If the Department of State Police finds that the
17 applicant possesses a valid Firearm Owner's Identification
18 Card, meets the training requirements of this Act and has
19 provided the documentation and paid the fees required for
20 issuance of a concealed firearms permit, and that, as nearly
21 as it is possible to determine, nothing in the applicant's
22 background or present circumstances disqualify him or her
23 from possessing a firearm in Illinois, it shall approve the
24 application and issue the applicant a wallet sized permit
25 bearing the photograph of the applicant within 90 days.
26 (b) If the applicant is found to be ineligible, the
27 Department of State Police shall deny the application, and
28 notify the applicant in writing, stating the grounds for
29 denial and informing the applicant of the right to submit,
30 within 30 days, any additional documentation relating to the
31 grounds of the denial. Upon receiving any additional
32 documentation, the Department of State Police shall
33 reconsider its decision and inform the applicant within 30
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1 days of the result of the reconsideration. The applicant
2 shall further be informed of the right to appeal the denial
3 in the circuit court of his or her place of residence.
4 Section 45. Notification of renewal. Not later than 120
5 days before the expiration of any permit issued under this
6 Act, the Department of State Police shall notify the permit
7 holder in writing of the expiration and furnish an
8 application for renewal of the permit.
9 Section 50. Renewal of permit.
10 (a) The permit shall be renewed for a qualified
11 applicant upon receipt of the properly completed renewal
12 application and required renewal fee. The renewal application
13 shall contain the same required information as set forth in
14 paragraphs (i) through (ix) of Section 30, except that in
15 lieu of the firearm education and use of deadly force
16 training, the applicant need only demonstrate previous
17 issuance of and continued eligibility for a concealed
18 firearms permit.
19 (b) A permittee who fails to file a renewal application
20 on or before its expiration date must pay an additional late
21 fee of $25. A person who fails to renew his or her
22 application within 6 months after it's expiration must
23 reapply for a new permit and pay the fee for a new
24 application.
25 Section 55. Change of Address, change of name or lost or
26 destroyed permits.
27 (a) Within 30 days after the changing of a permanent
28 residence, or within 30 days after loss or destruction of a
29 concealed firearms permit, the permittee shall notify the
30 Department of State Police of the loss, destruction, change
31 of name, or change of residence. Failure to notify the
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1 Department of State Police shall constitute a noncriminal
2 violation with a penalty of $25 payable to the Department of
3 State Police.
4 (b) If a person issued a permit to carry a concealed
5 firearm changes residence within this State, or changes his
6 or her name, the person to whom the permit was issued may
7 upon payment of $25 to the Department of State Police obtain
8 a corrected concealed firearms permit with a change of
9 address or change of name upon furnishing a notarized
10 statement to the Department of State Police that the
11 permittee has changed residence, or his or her name and upon
12 submission of an application as set forth in Section 25 and
13 photograph as set forth in paragraph (ii) of Section 30 of
14 this Act. A concealed firearms permit shall be automatically
15 invalid after 30 days if the permittee has not notified the
16 Department of State Police of a change of residence.
17 (c) If a permit to carry a concealed firearm is lost or
18 destroyed, the permit shall be automatically invalid, and the
19 person to whom the permit was issued may upon payment of $25
20 to the Department of State Police obtain a duplicate, and
21 upon furnishing a notarized statement to the Department of
22 State Police that the permit was lost or destroyed, and
23 submission of an application as set forth is Section 25 and
24 photograph as set forth in paragraph (ii) of Section 30 of
25 this Act.
26 Section 60. Applicant training.
27 (a) The applicant training course shall be the
28 standardized training course furnished by the Department and
29 taught by a qualified firearms instructor, consisting of:
30 (1) Eight hours of classroom instruction, covering
31 at least the following topics:
32 (i) handgun safety in the classroom, at home,
33 on the firing range or while carrying the firearm;
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1 (ii) the basic principles of marksmanship;
2 (iii) care and cleaning of handguns; and
3 (iv) by means of a videotape produced or
4 approved by the Department:
5 (A) the requirements for obtaining a
6 concealed firearms permit in this State;
7 (B) laws relating to firearms as
8 prescribed in the Firearm Owners Identification
9 Card Act, Article 24 of the Criminal Code of
10 1961, and 18 U.S.C. 921 through 930;
11 (C) laws relating to the justifiable use
12 of force as prescribed in Article 7 of the
13 Criminal Code of 1961.
14 (2) live firing exercises of sufficient duration
15 for each applicant to fire a handgun:
16 (i) from a standing position;
17 (ii) a minimum of 20 rounds;
18 (iii) at a distance from a B-21 silhouette
19 target, or an equivalent as approved by the
20 Department, of 7 yards.
21 (b) The classroom portion of the course may be, at the
22 qualified firearms instructor's discretion, taught in one
23 eight-hour block or divided into segments of not less than
24 one hour each.
25 (c) (1) An applicant training course shall not be open
26 to persons who are less than 21 years of age.
27 (2) An applicant training course students shall
28 complete a course application form, which shall include a
29 statement acknowledging receipt of copies of pertinent
30 statutory provisions listed in clauses (A), (B), and (C)
31 of subparagraph (iv) of paragraph (1) of subsection (a)
32 and a liability waiver.
33 (3) The course application form may be obtained
34 from the qualified firearms instructor at the time of the
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1 course.
2 (d) Qualified firearms instructors shall not discuss the
3 content of the video tape or the content of the statutory
4 provisions listed in clauses (A), (B), and (C) of
5 subparagraph (iv) of paragraph (1) of subsection (a) with
6 students, either individually or as a class.
7 (e) At the conclusion of the classroom portion of the
8 applicant training course, the qualified firearms instructor
9 shall:
10 (1) distribute a standard course examination to the
11 students;
12 (2) not leave the room in which the examination is
13 being held while the examination is in progress;
14 (3) collect examination booklets and answer sheets
15 from each student at the end of the examination period;
16 (4) not grade the examinations in the presence of
17 students; and
18 (5) not divulge an applicant's numeric score on the
19 day of the examination, but may indicate whether an
20 applicant passed or failed the examination.
21 (f) A person shall not:
22 (1) Make an unauthorized copy of the applicant
23 training course examination, in whole or in part;
24 (2) Possess the applicant training course
25 examination, or questions from the examination, unless
26 authorized by the Department; or
27 (3) Divulge the contents of an applicant training
28 course examination questions to another person.
29 (g) (1) Students shall provide their own safe,
30 functional handgun and factory-loaded ammunition.
31 (2) Prior to conducting range firing, the certified
32 firearms instructor shall:
33 (i) inspect each applicant's firearm; and
34 (ii) not allow the firing of a handgun that is
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1 not in sound mechanical condition or otherwise may
2 pose a safety hazard.
3 (h) Grades of "passing" shall not be given on range work
4 to an applicant who:
5 (1) does not follow the orders of the certified
6 firearms instructor;
7 (2) in the judgment of the certified firearms
8 instructor, handles a firearm in a manner that poses a
9 danger to the applicant or to others; or
10 (3) fails to hit the silhouette portion of the
11 target with the majority of the 20 rounds.
12 (i) Certified firearms instructors shall:
13 (1) allow monitoring of their classes by officials
14 of any certifying agency;
15 (2) make all course records available upon demand
16 to authorized personnel of the Department; and
17 (3) not divulge course records except as authorized
18 by the certifying agency.
19 (j) (1) Fees for applicant training courses shall not
20 exceed $75 per student.
21 (2) Qualified firearms instructors shall collect
22 the fee and remit $25 of the fee to the Department.
23 (3) Fees shall not be refunded to students who fail
24 or otherwise do not complete the course.
25 (k) An applicant training course shall not have more
26 than 40 students in the classroom portion or more than 5
27 students per range officer engaged in range firing.
28 (l) Within 3 working days after the completion of the
29 course, the certified firearms instructor shall:
30 (1) grade the examinations and
31 (2) mail to the Department:
32 (i) the completed course application
33 form, showing the student's score on the
34 written examination and indicating whether
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1 the student passed or failed the range
2 work, and
3 (ii) the graded examinations.
4 (m) Within 15 days after receipt of the material
5 described in section (1), the Department shall mail to the
6 applicant:
7 (i) A certificate of successful course completion;
8 or
9 (ii) Notification that the applicant has failed the
10 course and will not be certified.
11 (n) A student shall be issued a certificate of
12 completion if he or she:
13 (i) answers at least 70% of the written examination
14 questions correctly; and
15 (ii) achieves a grade of "passing" on the range
16 work.
17 (o) (i) Students who score below 70% on the written
18 examination may retake the examination one time without
19 having to retake the course.
20 (ii) Students who do not achieve a grade of
21 "passing" on the range work may repeat the range work one
22 time without having to retake the course.
23 (iii) Notices of failure will include information
24 on whether the student failed the written exam, the range
25 firing, or both.
26 Section 65. Firearms instructors training.
27 (a) Persons who are not qualified firearms instructors
28 shall not teach applicant training courses.
29 (b) Persons who are not qualified firearms instructors
30 shall not advertise or otherwise represent courses they teach
31 as qualifying their students to meet the requirements to
32 receive a permit to carry concealed firearms in this State.
33 (c) Persons who are not certified instructor trainers
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1 shall not teach instructor qualification courses.
2 (d) Persons wishing to become qualified firearms
3 instructors shall:
4 (1) be at least 21 years of age;
5 (2) be a citizen of the United States; and
6 (3) meet the requirements of subsection (b) of
7 Section 25.
8 (e) Persons wishing to become instructor trainers, in
9 addition to the requirements of subsection (d) of this
10 Section, shall:
11 (1) possess a high school diploma or GED
12 certificate,
13 (2) have at least one of the following valid
14 firearms instructor certifications:
15 (I) National Rifle Association Personal
16 Protection Instructor;
17 (II) National Rifle Association Pistol
18 Marksmanship Instructor;
19 (III) Certification from a firearms
20 instructor's course offered by a State or federal
21 governmental agency; or
22 (IV) A similar firearms instructor qualifying
23 course, approved the Director of State Police or his
24 or her designee.
25 (f) (1) Applicants shall agree to background checks.
26 (2) An applicant may be disqualified from taking
27 firearms instructor training, or have his or her
28 instructor qualification revoked if the applicant:
29 (A) does not meet the requirements of this Act
30 to possess a concealed firearms permit;
31 (B) provides false or misleading information
32 on the application; or
33 (C) has had a prior instructor qualification
34 revoked by the Department.
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1 (g) The training course to certify firearms instructors
2 and instructor trainers shall include:
3 (1) Sixteen hours of classroom instruction covering
4 at least the following topics:
5 (i) By means of a videotape produced or
6 approved by the Department:
7 (A) the requirements for obtaining a concealed
8 firearms permit in this State;
9 (B) laws relating to firearms as contained in
10 the Firearm Owners Identification Card Act, Article
11 24 of the Criminal Code of 1961, and 18 U.S.C. 921
12 through 930.
13 (C) laws relating to the justifiable use of
14 force as contained in Article 7 of the Criminal Code
15 of 1961;
16 (D) the conduct of applicant training courses;
17 (E) record-keeping requirements of this Act;
18 (F) the basic nomenclature of handguns;
19 (G) the basic principles of marksmanship; and
20 (H) the safe handling of handguns.
21 (2) A classroom demonstration, during which the
22 instructor candidate shall receive instruction on and
23 demonstrate competency in the ability to prepare and
24 deliver a classroom presentation using materials from the
25 applicant curriculum.
26 (3) Range instruction and firing of live
27 ammunition, during which the instructor candidate shall
28 receive instruction on and demonstrate competency in the
29 ability to:
30 (i) handle and fire a handgun safely and
31 accurately;
32 (ii) conduct a function test and safety
33 inspection of common types of handguns;
34 (iii) clean common types of handguns; and
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1 (iv) supervise and conduct live firing
2 exercises in a safe and efficient manner.
3 (h) To qualify as a certified firearms instructor or
4 instructor trainer, instructor candidates shall achieve:
5 (1) A minimum score of 70% on a written examination
6 covering the material taught during the classroom portion
7 of the course;
8 (2) A minimum score of 80% on range firing of a
9 handgun from the standing position while aiming at a B-21
10 PC silhouette target or an equivalent as approved by the
11 Department, with a minimum of:
12 (i) ten rounds from 7 yards; and
13 (ii) ten rounds from 15 yards; and
14 (iii) a score of "passing" from the
15 course instructor for demonstrating competency
16 in each of the following:
17 (A) Supervising and conducting live fire;
18 (B) Cleaning and inspecting handguns; and
19 (C) Preparing and delivering the classroom
20 lecture.
21 (i) Instructor candidates who fail to meet the minimum
22 requirements of subsection (h) of this Section may retake the
23 examination, range work, or classroom demonstration one time
24 without having to repeat the course.
25 (j) Qualified firearms instructor and instructor trainer
26 certificates shall be valid for 3 years from date of issue.
27 Qualified firearms instructors or instructor trainers may
28 renew their certification by successfully completing a
29 refresher course offered or approved by the Department.
30 (k) The fees for instructor trainer or refresher courses
31 shall be $100 per student.
32 (1) The fees for qualified instructor courses shall
33 be no more than $100 per student. The instructor trainer
34 shall remit $50 per student to the Department.
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1 (2) Fees shall not be refunded to those who do not
2 pass or otherwise fail to complete a course.
3 (l) Course participants shall provide their own safe,
4 functional handgun and factory-loaded ammunition.
5 (m) Prior to conducting range firing, the course
6 instructor shall:
7 (i) inspect each applicant's firearm; and
8 (ii) not allow the firing of a handgun which is not
9 in sound mechanical condition or otherwise may pose a
10 safety hazard.
11 Section 70. Reciprocity.
12 (a) A person who has a valid permit or license to carry
13 a concealed firearm issued by another state of the United
14 States and whose state grants to Illinois residents the right
15 to carry a concealed firearm in the state without requiring a
16 separate permit or license to carry a concealed firearm
17 issued by that state, may, subject to provisions of Illinois
18 law, carry a concealed firearm in Illinois and his or her
19 permit or license shall be considered valid in Illinois.
20 (b) A person who holds a valid permit or license issued
21 by another state of the United States whose home state
22 permits Illinois residents to obtain a permit or license to
23 carry a concealed firearm in that state may apply directly to
24 the Department of State Police for a permit to carry a
25 concealed firearm in Illinois. The Department of State Police
26 shall take whatever steps are necessary to verify that the
27 person applying has a valid permit or license to carry a
28 concealed firearm issued by his or her home state.
29 Section 75. Concealed firearms permit. A concealed
30 firearm permit shall authorize the person in whose name the
31 permit is issued to carry a concealed firearms on or about
32 his or her person or vehicle throughout the State. No permit
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1 issued under this Section shall authorize any person to carry
2 a concealed firearm:
3 (i) Into or upon the property of any police, sheriff, or
4 highway patrol, office or station.
5 (ii) Into or upon the property of any adult or juvenile
6 detention or correctional facility, prison, or jail.
7 (iii) Any courthouse, solely occupied by the Circuit,
8 Appellate, or Supreme Court or a courtroom of any of those
9 courts, or court proceeding, except that nothing in this
10 Section shall preclude a judge, holding a concealed firearm
11 permit, from carrying a concealed firearm.
12 (iv) Any meeting of the governing body of a unit of
13 local government; or any meeting of the General Assembly or a
14 committee of the General Assembly, except that nothing in
15 this Section shall preclude a member of the body, holding a
16 concealed firearms permit from carrying a concealed firearm
17 at a meeting of the body which he or she is a member.
18 (v) Any building exclusively used by a unit of local
19 government except those buildings used for public housing by
20 private persons.
21 The General Assembly, county, or municipality may by
22 statute, administrative regulation, or ordinance, prohibit or
23 limit the carrying of concealed firearms by permit holders in
24 that portion of a building owned, leased or controlled by
25 that unit of government. That portion of a building in which
26 the carrying of concealed firearms is prohibited or limited
27 shall be clearly identified by signs posted at the entrance
28 to the restricted area. The statute or ordinance shall exempt
29 any building used for public housing by private persons,
30 highway or rest areas, firing ranges, and private dwellings
31 owned leased, or controlled by that unit of government from
32 any restriction on the carrying or possession of a firearm.
33 The statute or ordinance shall not specify any criminal
34 penalty for its violation but may specify that persons
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1 violating the statute or ordinance may be denied entrance to
2 the building, ordered to leave the building and if the
3 employees of the unit of government, be subjected to
4 disciplinary measures for violation of the provisions of the
5 statute or ordinance. The provisions of this Section shall
6 not apply to any other unit of government.
7 (vi) Any portion of an establishment licensed to
8 dispense beer or alcoholic beverages for consumption on the
9 premises, which portion of the establishment is primarily
10 devoted to that purpose.
11 This paragraph (vi) does not apply to any bona fide
12 restaurant open to the general public having dining
13 facilities for not less than 50 persons and which receives
14 at least 50% of it's gross annual income from the dining
15 facilities by the sale of food.
16 (vii) Any area of an airport to which access is
17 controlled by the inspection of persons and property.
18 (viii) Any place where the carrying of a firearm is
19 prohibited by federal law.
20 (ix) Any elementary or secondary school facility without
21 the consent of school authorities.
22 (x) A concealed firearm permit does not authorize the
23 concealed carrying or transportation of a stun gun or taser.
24 Section 80. Immunity of Department and sheriff and their
25 employees and agents. The Department of State Police or
26 office of the county sheriff or any employee or agent of the
27 Department of State Police or county sheriff shall not be
28 liable for damages in any civil action arising from alleged
29 wrongful or improper granting, renewing, or failure to revoke
30 permits issued under this Act.
31 Section 85. Severability. The provisions of this Act are
32 severable under Section 1.31 of the Statute on Statutes.
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1 Section 90. Fees. Fees collected under this Act and
2 deposited into the Citizen Safety and Self-Defense Trust Fund
3 shall be used exclusively for administrating the provisions
4 of this Act; except that, commencing January 1, 1999, any
5 excess monies in the Fund may be used to ensure the prompt
6 and efficient processing of applications received under
7 Section 30 of this Act.
8 (i) Fees for a concealed firearms permit shall be:
9 New permit..$100
10 Renewal..$75
11 Duplicate due to lost or destroyed..$25
12 Corrected permit due to change of address or name..$25
13 Late renewal fee..$25
14 (ii) The Secretary of State shall conduct a study, to
15 determine the cost and feasibility of creating a method of
16 adding an identifiable code, background, or other means to
17 show that an individual has been issued a permit to carry a
18 concealed firearm by the Department of State Police. By March
19 1 of each year, the Department of State Police shall submit a
20 statistical report to the Governor, the president of the
21 Senate and the Speaker of the House of Representatives,
22 indicating the number of permits issued, revoked, suspended,
23 denied and issued after appeal since the last report and in
24 total and also the number of permits currently valid. The
25 report shall also include the number of arrests, convictions
26 and types of crimes since the last report by individuals
27 issued permits to carry a concealed firearm.
28 Section 905. The Firearm Owners Identification Card Act
29 is amended by changing Section 13.1 as follows:
30 (430 ILCS 65/13.1) (from Ch. 38, par. 83-13.1)
31 Sec. 13.1. The provisions of any ordinance enacted by any
32 municipality which requires registration or imposes greater
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1 restrictions or limitations on the acquisition, possession
2 and transfer of firearms than are imposed by this Act, are
3 not invalidated or affected by this Act, except the Family
4 and Personal Protection Act shall supersede an ordinance of
5 a home rule unit inconsistent with this Act. It is declared
6 to be the policy of this State that the regulation of the
7 right to carry concealed firearms is an exclusive power and
8 function of the State. A home rule unit may not regulate the
9 issuance of permits to carry concealed firearms. This Section
10 is a denial and limitation of home rule powers and functions
11 under subsection (h) of Section 6 of Article VII of the
12 Illinois Constitution.
13 (Source: P.A. 76-1939.)