Bill Text: IL HB0367 | 2009-2010 | 96th General Assembly | Introduced

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Bill Title: 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 county sheriff 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. Creates the Citizen Safety and Self-Defense Trust Fund in each county, to be administered by the sheriff. Provides that 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. Provides that the Family and Personal Protection Act supersedes an ordinance of a unit of local government inconsistent with that Act. Prohibits a home rule unit from regulating the issuance of permits to carry concealed firearms. Amends the Criminal Code of 1961. Exempts from an unlawful use of weapons and aggravated unlawful use of weapons violation persons who carry or possess firearms in accordance with the Family and Personal Protection Act. Effective immediately.

Spectrum: Moderate Partisan Bill (Republican 7-1)

Status: (Introduced - Dead) 2009-04-03 - Rule 19(a) / Re-referred to Rules Committee [HB0367 Detail]

Download: Illinois-2009-HB0367-Introduced.html

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96TH GENERAL ASSEMBLY State of Illinois 2009 and 2010 HB0367 Introduced 1/30/2009, by Rep. Bill Mitchell SYNOPSIS AS INTRODUCED:
See Index
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 county sheriff 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. Creates the Citizen Safety and Self-Defense Trust Fund in each county, to be administered by the sheriff. Provides that 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. Provides that the Family and Personal Protection Act supersedes an ordinance of a unit of local government inconsistent with that Act. Prohibits a home rule unit from regulating the issuance of permits to carry concealed firearms. Amends the Criminal Code of 1961. Exempts from an unlawful use of weapons and aggravated unlawful use of weapons violation persons who carry or possess firearms in accordance with the Family and Personal Protection Act. Effective immediately.
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CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY FISCAL NOTE ACT MAY APPLY HOME RULE NOTE ACT MAY APPLY
STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT MAY APPLY
A BILL FOR
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AN ACT concerning firearms.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 1. Short title. This Act may be cited as the
Family and Personal Protection Act.
Section 5. Legislative declaration. The General Assembly
finds that as a matter of public policy it is necessary to
provide statewide uniform standards for issuing permits to
carry concealed firearms and that no person who does not
qualify under the provisions of this Act receives a permit to
carry concealed firearms. The General Assembly recognizes that
it already regulates the use and possession of concealed
firearms under Sections 24-1 and 24-1.6 of the Criminal Code of
1961 and that the regulation of concealed firearms is an
exclusive Statewide function. The General Assembly does not
delegate to the county sheriff the authority to regulate or
restrict the issuing of concealed firearms permits provided for
in this Act beyond those provisions contained in this Act.
Section 10. Definitions. As used in this Act:
"Concealed firearm" means a handgun carried on or about a
person completely or mostly concealed from view of the public,
or carried in a vehicle in such a way as it is concealed from

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view of the public.
"Fund" means the Citizen Safety and Self-Defense Trust Fund
in each county.
"Handgun" has the meaning ascribed to it in subsection (h)
of Section 24-3 of the Criminal Code of 1961.
"Permit" means a permit to carry a concealed firearm issued
by the county sheriff.
"Permittee" means a person who is issued a permit to carry
a concealed firearm by the county sheriff.
Section 15. Permit for concealed firearms. The county
sheriff is authorized to issue permits to carry concealed
firearms to persons qualified as provided in this Act. Permits
to carry concealed firearms shall be valid throughout the State
for a period of 3 years from the date of issuance. Any person
in compliance with the terms of the permit may carry concealed
firearms on or about his or her person. The permittee shall
carry the permit at all times the permittee is carrying a
concealed firearm and shall display the permit upon the request
of a law enforcement officer.
Section 20. Application for permit and qualifications of
applicants.
(a) An applicant for a permit shall obtain the application
from the county sheriff. If the applicant resides in a county
of less than 3,000,000 inhabitants (or if the applicant resides

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in a county of 3,000,000 or more inhabitants but not within any
municipality), the application for a permit or renewal of a
permit to carry a concealed firearm shall be submitted to the
office of the sheriff of the county in which the applicant
resides. The completed application and all accompanying
material plus an application fee of $100 for a new permit or
$75 for a renewal shall be presented to the office of the
sheriff of the county in which the applicant resides.
The sheriff shall evaluate the application, accompanying
material and any objections to the application within 10
working days. The application fee shall be retained by the
office of the sheriff for official expenses of the office.
The sheriff may state specific and articulable reasons to
deny an application for a concealed firearms permit. He or she
shall articulate the reasons for denial in a written report and
maintain that report in his or her office along with the
completed application which shall be available to the applicant
for a concealed firearms permit. Within 10 working days, the
sheriff shall either issue or deny the permit.
(b) The county sheriff, upon a person's application for a
concealed firearms permit, upon receipt of the appropriate
fees, and after compliance with the procedures set out in this
Section, shall issue the applicant a concealed firearms permit
if the person:
(i) Is at least 21 years of age;
(ii) Resides within the State of Illinois and has been

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a resident for the last 6 months and is a permanent
resident of the United States;
(iii) Has not been convicted of a crime punishable by
imprisonment for a term exceeding one year, or of a
misdemeanor evidencing violence, is not free on any form of
bond or pretrial release, and has no outstanding warrants
for those crimes;
(iv) Has no record of mental disease or mental illness
on file that would evidence incapacity, or lack of proper
mental capacity;
(v) Has not been committed to a state or federal
facility for the abuse of a controlled substance or
cannabis and has not been convicted of a misdemeanor
violation of the Illinois Controlled Substances Act or
Cannabis Control Act or similar laws of any other state
relating to controlled substances or cannabis within a 10
year period immediately preceding the date on which the
application is submitted; and
(vi) Does not chronically and habitually use alcoholic
beverages as evidenced by the applicant having 2 or more
convictions for violating Section 11-501 of the Illinois
Vehicle Code or a similar provision of a local ordinance
within 5 years preceding his or her application or the
applicant having elected treatment under the supervision
of a licensed program in accordance with the Alcoholism and
Other Drug Abuse and Dependency Act or similar laws of any

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other state within a 5 year period immediately preceding
the date on which the application is submitted.
Section 25. Contents of application. The initial
application shall be in writing, under oath and under the
penalties of perjury, on a standard form promulgated by the
county sheriff and shall be accompanied by the appropriate fees
and required documentation. The application shall contain only
the following information:
(i) the applicant's name, address, gender, and date and
place of birth;
(ii) a head and shoulder color photograph taken within
30 days preceding the date on which the application is
submitted;
(iii) questions to certify or demonstrate that the
applicant has completed the firearms and deadly use of
force training and education prerequisites specified under
this Act;
(iv) a statement that the applicant is a resident of
the State of Illinois and has been a resident for the last
6 months and is a permanent resident of the United States;
(v) a waiver of privacy and confidentiality rights and
privileges enjoyed by the applicant under all federal and
state laws governing access to juvenile court, criminal
justice, psychological, or psychiatric records, or records
relating to the applicant's history of

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institutionalization, and an affirmative request that any
person having custody of any such record provide it or
information concerning it to the sheriff;
(vi) a conspicuous warning that false statements made
by the applicant will result in prosecution for perjury in
accordance with Section 32-2 of the Criminal Code of 1961;
(vii) an affirmation that the applicant is at least 21
years of age, that the applicant possesses a currently
valid Illinois Firearm Owner's Identification Card,
together with the card number, or is applying for the card
in conjunction with the concealed firearms permit
application;
(viii) an affirmation that the applicant has never been
convicted of any felony or of a misdemeanor involving the
use or threat of physical force or violence to any person;
and has never been adjudicated a delinquent minor for an
offense which, had he or she been tried as an adult, would
have been such a felony or misdemeanor.
The application shall also contain the following statement
along with a signature line for use by the applicant, which
statement the applicant shall affirm under oath: "I, the
undersigned, state, under oath and subject to the penalty of
perjury, that I am not a streetgang member as defined in
Section 10 of the Illinois Streetgang Terrorism Omnibus
Prevention Act, and I will not join or become associated with a
criminal streetgang.".

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Section 30. Submission of identifying information; fee. In
addition to the completed application, the applicant must also
submit the following to the sheriff of the county in which the
applicant resides:
(i) A head and shoulder color photograph as required by
Section 25 in a size specified by the sheriff taken within
30 days preceding the date on which the application is
submitted.
(ii) A non-refundable permit fee of $100 if he or she
has not previously been issued such a permit by the county
sheriff, or a non-refundable permit fee of $75 for each
renewal of a permit.
(iii) A photocopy of a certificate or other evidence of
completion of a course to show compliance with Section 80
of this Act.
Section 35. Approval of application.
(a) If the sheriff finds that the applicant possesses a
valid Firearm Owner's Identification Card, meets the training
requirements of this Act and has provided the documentation and
paid the fees required for issuance of a concealed firearms
permit, and that, as nearly as it is possible to determine,
nothing in the applicant's background or present circumstances
disqualify him or her from possessing a firearm in Illinois, he
or she shall approve the application and issue the applicant a

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wallet sized permit bearing the photograph of the applicant
within 90 days.
(b) The sheriff may consider any objection or
recommendation supported by specific and articulable reasons,
in a written report, why the applicant should be denied a
permit and may deny the permit based solely on those
objections.
(c) If the applicant is found to be ineligible, the sheriff
shall deny the application and notify the applicant in writing,
stating the grounds for denial and informing the applicant of
the right to submit, within 30 days, any additional
documentation relating to the grounds of the denial. Upon
receiving any additional documentation, the sheriff shall
reconsider his or her decision and inform the applicant within
30 days of the result of the reconsideration. The applicant
shall further be informed of the right to appeal the denial in
the circuit court of his or her place of residence.
(d) The sheriff shall maintain an automated listing of
permit holders and pertinent information, and this information
shall be available on-line, upon request, at all times to all
Illinois law enforcement agencies. Except as provided in this
subsection, information on applications for permits, names and
addresses, or other identifying information relating to permit
holders shall be confidential and shall not be made available
except to law enforcement agencies. Requests for information
about any permit holder made by persons other than a bona fide

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law enforcement agency shall be made to the sheriff together
with any fee required for the providing of information. The
sheriff shall, upon proper application and the payment of the
required fee, provide to the requester in written form only, a
list of names of any holders in the county permitted to carry a
concealed firearm. No identifying information other than the
name shall be provided, and information for geographic areas or
other subdivisions of any type from the list shall not be
provided, except to a bona fide law enforcement agency, and
shall be confidential. No requests for lists of local or
statewide permit holders shall be made to any State or local
law enforcement agency. No other agency of government other
than the sheriff shall provide any information to a requester
not entitled to it by law. The names of all persons, other than
law enforcement agencies and peace officers, requesting
information under this Section shall be public records.
Section 40. Revocation of a permit. A permit issued under
Section 35 shall be suspended or revoked if the permit holder
becomes ineligible to be issued a permit under the criteria set
forth in paragraphs (i), (ii), (iii), (iv), (v), and (vi) of
subsection (b) of Section 20 or subsection (b) of Section 35 of
this Act. When an order of protection is issued under Section
112A-14 of the Code of Criminal Procedure of 1963 or under
Section 214 of the Illinois Domestic Violence Act of 1986
against a person holding a permit issued under this Act, the

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holder of the permit shall surrender the permit to the court or
to the officer serving the order. The officer to whom the
permit is surrendered shall forthwith transmit the permit to
the court issuing the order. The permit shall be suspended
until the order is terminated.
Section 45. Notification of renewal. Not later than 120
days before the expiration of any permit issued under this Act,
the sheriff shall notify the permit holder in writing of the
expiration and furnish an application for renewal of the
permit.
Section 50. Renewal of permit.
(a) The permit shall be renewed for a qualified applicant
upon receipt of the properly completed renewal application and
required renewal fee. The renewal application shall contain the
same required information as set forth in paragraphs (i)
through (ix) of Section 25, except that in lieu of the firearm
education and use of deadly force training, the applicant need
only demonstrate previous issuance of and continued
eligibility for a concealed firearms permit.
(b) A permittee who fails to file a renewal application on
or before the permit's expiration date must pay an additional
late fee of $25. A person who fails to renew his or her permit
within 6 months after its expiration must reapply for a new
permit and pay the fee for a new application.

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Section 55. Change of address, change of name, or lost or
destroyed permits.
(a) Within 30 days after the changing of a permanent
residence, or within 30 days after loss or destruction of a
concealed firearms permit, the permittee shall notify the
sheriff of the loss, destruction, change of name, or change of
residence. Failure to notify the sheriff shall constitute a
noncriminal violation with a penalty of $25 payable to the
sheriff.
(b) If a person issued a permit to carry a concealed
firearm changes residence within this State, or changes his or
her name, the person to whom the permit was issued may upon
payment of $25 to the sheriff obtain a corrected concealed
firearms permit with a change of address or change of name upon
furnishing a notarized statement to the sheriff that the
permittee has changed residence or his or her name and upon
submission of an application as set forth in Section 20 and a
photograph as set forth in paragraph (ii) of Section 25 of this
Act. A concealed firearms permit shall be automatically invalid
after 30 days if the permittee has not notified the sheriff of
a change of residence.
(c) If a permit to carry a concealed firearm is lost or
destroyed, the permit shall be automatically invalid, and the
person to whom the permit was issued may upon payment of $25 to
the sheriff obtain a duplicate, and upon furnishing a notarized

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statement to the sheriff that the permit was lost or destroyed,
and submission of an application as set forth in Section 20 and
a photograph as set forth in paragraph (ii) of Section 25 of
this Act.
Section 60. Reciprocity. A person who holds a valid permit
or license issued by another state of the United States whose
home state permits Illinois residents to obtain a permit or
license to carry a concealed firearm in that state may apply
directly to the sheriff for a permit to carry a concealed
firearm in Illinois. The sheriff shall take whatever steps are
necessary to verify that the person applying has a valid permit
or license to carry a concealed firearm issued by his or her
home state.
Section 65. Concealed firearms permit.
(a) A concealed firearm permit shall authorize the person
in whose name the permit is issued to carry concealed firearms
on or about his or her person or vehicle throughout the State.
No permit issued under this Section shall authorize any person
to carry a concealed firearm into or upon:
(i) Any police, sheriff, or highway patrol office or
station without the consent of the chief law enforcement
officer in charge of that office or station.
(ii) The facility of any adult or juvenile detention or
correctional institution, prison, or jail.

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(iii) Any courthouse, solely occupied by the Circuit,
Appellate, or Supreme Court or a courtroom of any of those
courts, or court proceeding, except that nothing in this
Section shall preclude a judge, holding a concealed firearm
permit, from carrying a concealed firearm within a
courthouse.
(iv) Any meeting of the governing body of a unit of
local government; or any meeting of the General Assembly or
a committee of the General Assembly, except that nothing in
this Section shall preclude a member of the body holding a
concealed firearms permit from carrying a concealed
firearm at a meeting of the body of which he or she is a
member.
The General Assembly or a county or municipality may by
statute or ordinance prohibit or limit the carrying of
concealed firearms by permit holders in that portion of a
building owned, leased or controlled by that unit of
government. That portion of a building in which the
carrying of concealed firearms is prohibited or limited
shall be clearly identified by signs posted at the entrance
to the restricted area. The statute or ordinance shall
exempt any building used for public housing by private
persons, highways or rest areas, firing ranges, and private
dwellings owned, leased, or controlled by that unit of
government from any restriction on the carrying or
possession of a firearm. The statute or ordinance shall not

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specify any criminal penalty for its violation but may
specify that persons violating the statute or ordinance may
be denied entrance to the building, be ordered to leave the
building, and, if employees of the unit of government, be
subjected to disciplinary measures for violation of the
provisions of the statute or ordinance. The provisions of
this Section shall not apply to any other unit of
government.
(v) Any portion of an establishment licensed to
dispense beer or alcoholic beverages for consumption on the
premises, which portion of the establishment is primarily
devoted to that purpose.
This paragraph (v) does not apply to any bona fide
restaurant open to the general public having dining
facilities for not less than 50 persons and that receives
at least 50% of its gross annual income from the dining
facilities by the sale of food.
(vi) Any area of an airport to which access is
controlled by the inspection of persons and property.
(vii) Any place where the carrying of a firearm is
prohibited by federal law.
(viii) Any elementary or secondary school facility
without the consent of school authorities.
(ix) Any portion of a building used as a child care
facility without the consent of the manager. Nothing in
this Section shall prevent the operator of a child care

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facility in a family home from owning or possessing a
firearm or permit.
(x) A riverboat gambling operation or horse racing
facility accessible by the public.
(xi) Any gated area of an amusement park.
(xii) Any stadium, arena, or collegiate or
professional sporting event.
(xiii) A church or other place of religious worship.
A violation of this subsection (a) is a Class A
misdemeanor.
A concealed firearm permit does not authorize the concealed
carrying or transportation of a stun gun or taser.
(b) The owner, business or commercial lessee, manager of a
private business enterprise, or any other organization,
entity, or person may prohibit persons holding a permit for
concealed firearms from carrying concealed firearms on the
premises and may prohibit employees, not authorized by the
employer, holding a permit for concealed firearms from carrying
concealed firearms on the property of the employer. If the
building or the premises are open to the public, the employer
of the business enterprise shall post signs on or about the
premises if carrying a concealed firearm is prohibited.
Possession of a firearm in a vehicle on the premises shall not
be a criminal offense so long as the firearm is not removed
from the vehicle or brandished while the vehicle is on the
premises. An employer may prohibit employees or other persons

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holding a permit for a concealed firearm from carrying a
concealed firearm in vehicles owned by the employer. Carrying
of a concealed firearm in a location specified in this
subsection by a permit holder shall not be a criminal act but
may subject the person to denial to the premises or removal
from the premises.
Section 70. Immunity of sheriff and his or her employees
and agents. The sheriff or office of the county sheriff or any
employee or agent of the sheriff shall not be liable for
damages in any civil action arising from alleged wrongful or
improper granting, renewing, or failure to revoke permits
issued under this Act. The office of the county sheriff or any
employee or agent of the office of the county sheriff shall not
be liable for stating specific and articulable reasons why an
applicant should be denied a permit.
Section 75. Fees. Fees collected under this Act and
deposited into the Citizen Safety and Self-Defense Trust Fund
of each county shall be used exclusively for administering the
provisions of this Act; except that, commencing January 1,
2010, any excess monies in the Fund may be used to ensure the
prompt and efficient processing of applications received under
Section 20 of this Act.
(i) Fees for a concealed firearms permit shall be:
New permit..$100

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Renewal..$75
Duplicate if permit is lost or destroyed..$25
Corrected permit due to change of address or name..$25
Late renewal fee..$25
(ii) The Secretary of State shall conduct a study to
determine the cost and feasibility of creating a method of
adding an identifiable code, background, or other means to show
that an individual has been issued a permit to carry a
concealed firearm by the sheriff on the person's driver's
license. By March 1 of each year, the sheriff shall submit a
statistical report to the Governor, the President of the
Senate, and the Speaker of the House of Representatives,
indicating the number of permits issued, revoked, suspended,
denied, and issued after appeal since the last report and in
total and also the number of permits currently valid. The
report shall also include the number of arrests, convictions,
and types of crimes since the last report by individuals issued
permits to carry a concealed firearm.
Section 80. Applicant training.
(a) The applicant training course shall be the standardized
training course furnished by the sheriff and taught by a
qualified firearms instructor, consisting of:
(1) Twelve hours of classroom instruction, covering at
least the following topics:
(i) handgun safety in the classroom, at home, on

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the firing range or while carrying the firearm;
(ii) the basic principles of marksmanship;
(iii) care and cleaning of handguns; and
(iv) by means of a videotape produced or approved
by the sheriff:
(A) the requirements for obtaining a concealed
firearms permit in this State;
(B) laws relating to firearms as prescribed in
the Firearm Owners Identification Card Act,
Article 24 of the Criminal Code of 1961, and 18
U.S.C. 921 through 930;
(C) laws relating to the justifiable use of
force as prescribed in Article 7 of the Criminal
Code of 1961.
(2) Live firing exercises of sufficient duration for
each applicant to fire a handgun:
(i) from a standing position;
(ii) a minimum of 20 rounds;
(iii) at a distance from a B-21 silhouette target,
or an equivalent as approved by the sheriff, of 7
yards.
(b) The classroom portion of the course may be, at the
qualified firearms instructor's discretion, divided into
segments of not less than 2 hours each.
(c) (1) An applicant training course shall not be open to
persons who are less than 21 years of age.

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(2) An applicant training course student shall
complete a course application form, which shall include a
statement acknowledging receipt of copies of pertinent
statutory provisions listed in clauses (A), (B), and (C) of
subparagraph (iv) of paragraph (1) of subsection (a) and a
liability waiver.
(3) The course application form may be obtained from
the qualified firearms instructor at the time of the
course.
(d) Qualified firearms instructors shall not discuss the
content of the video tape or the content of the statutory
provisions listed in clauses (A), (B), and (C) of subparagraph
(iv) of paragraph (1) of subsection (a) with students, either
individually or as a class.
(e) At the conclusion of the classroom portion of the
applicant training course, the qualified firearms instructor
shall:
(1) distribute a standard course examination to the
students;
(2) not leave the room in which the examination is
being held while the examination is in progress;
(3) collect examination booklets and answer sheets
from each student at the end of the examination period;
(4) not grade the examinations in the presence of
students; and
(5) not divulge an applicant's numeric score on the day

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of the examination, but may indicate whether an applicant
passed or failed the examination.
(f) A person shall not:
(1) Make an unauthorized copy of the applicant training
course examination, in whole or in part;
(2) Possess the applicant training course examination,
or questions from the examination, unless authorized by the
sheriff; or
(3) Divulge the contents of an applicant training
course examination question to another person.
(g) (1) Students shall provide their own safe, functional
handguns and factory-loaded ammunition.
(2) Prior to conducting range firing, the certified
firearms instructor shall:
(i) inspect each applicant's firearm; and
(ii) not allow the firing of a handgun that is not
in sound mechanical condition or otherwise may pose a
safety hazard.
(h) Grades of "passing" shall not be given on range work to
an applicant who:
(1) does not follow the orders of the certified
firearms instructor;
(2) in the judgment of the certified firearms
instructor, handles a firearm in a manner that poses a
danger to the applicant or to others; or
(3) during the testing portion of the range work fails

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to hit the silhouette portion of the target with a majority
of 20 rounds.
(i) Certified firearms instructors shall:
(1) allow monitoring of their classes by officials of
any certifying agency;
(2) make all course records available upon demand to
authorized personnel of the sheriff; and
(3) not divulge course records except as authorized by
the certifying agency.
(j) (1) Fees for applicant training courses shall not
exceed $75 per student.
(2) Qualified firearms instructors shall collect the
fee and remit $25 of the fee to the sheriff.
(3) Fees shall not be refunded to students who fail or
otherwise do not complete the course.
(k) An applicant training course shall not have more than
40 students in the classroom portion or more than 5 students
per range officer engaged in range firing.
(l) Within 3 working days after the completion of the
course, the certified firearms instructor shall:
(1) grade the examinations; and
(2) mail to the sheriff:
(i) the completed course application form,
showing each student's score on the written
examination and indicating whether the student
passed or failed the range work; and

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(ii) the graded examinations.
(m) Within 15 days after receipt of the material described
in subsection (1), the sheriff shall mail to the applicant:
(i) A certificate of successful course completion; or
(ii) Notification that the applicant has failed the
course and will not be certified.
(n) A student shall be issued a certificate of completion
if he or she:
(i) answers at least 70% of the written examination
questions correctly; and
(ii) achieves a grade of "passing" on the range work.
(o) (i) Students who score below 70% on the written
examination may retake the examination one time without having
to retake the course.
(ii) Students who do not achieve a grade of "passing"
on the range work may repeat the range work one time
without having to retake the course.
(iii) Notices of failure must include information on
whether the student failed the written exam, the range
firing, or both.
Section 85. Firearms instructors training.
(a) Persons who are not qualified firearms instructors
shall not teach applicant training courses.
(b) Persons who are not qualified firearms instructors
shall not advertise or otherwise represent courses they teach

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as qualifying their students to meet the requirements to
receive a permit to carry concealed firearms in this State.
(c) Persons who are not certified instructor trainers shall
not teach instructor qualification courses.
(d) Persons wishing to become qualified firearms
instructors shall:
(1) be at least 21 years of age;
(2) be a citizen of the United States; and
(3) meet the requirements of subsection (b) of Section
25.
(e) Persons wishing to become instructor trainers, in
addition to the requirements of subsection (d) of this Section,
shall:
(1) possess a high school diploma or GED certificate;
and
(2) have at least one of the following valid firearms
instructor certifications:
(I) National Rifle Association Personal Protection
Instructor;
(II) National Rifle Association Pistol
Marksmanship Instructor;
(III) Certification from a firearms instructor's
course offered by a State or federal governmental
agency; or
(IV) A similar firearms instructor qualifying
course, approved by the Director of State Police or his

HB0367 - 24 - LRB096 05784 RLC 15859 b
or her designee.
(f) (1) Applicants shall agree to background checks.
(2) An applicant may be disqualified from taking
firearms instructor training, or have his or her instructor
qualification revoked, if the applicant:
(A) does not meet the requirements of this Act to
possess a concealed firearms permit;
(B) provides false or misleading information on
the application; or
(C) has had a prior instructor qualification
revoked by the sheriff.
(g) The training course to certify firearms instructors and
instructor trainers shall include:
(1) Sixteen hours of classroom instruction covering at
least the following topics:
(i) By means of a videotape produced or approved by
the sheriff:
(A) the requirements for obtaining a concealed
firearms permit in this State;
(B) laws relating to firearms as contained in the
Firearm Owners Identification Card Act, Article 24 of
the Criminal Code of 1961, and 18 U.S.C. 921 through
930;
(C) laws relating to the justifiable use of force
as contained in Article 7 of the Criminal Code of 1961;
(D) the conduct of applicant training courses;

HB0367 - 25 - LRB096 05784 RLC 15859 b
(E) record-keeping requirements of this Act;
(F) the basic nomenclature of handguns;
(G) the basic principles of marksmanship; and
(H) the safe handling of handguns.
(2) A classroom demonstration, during which the
instructor candidate shall receive instruction on and
demonstrate competency in the ability to prepare and
deliver a classroom presentation using materials from the
applicant curriculum.
(3) Range instruction and firing of live ammunition,
during which the instructor candidate shall receive
instruction on and demonstrate competency in the ability
to:
(i) handle and fire a handgun safely and
accurately;
(ii) conduct a function test and safety inspection
of common types of handguns;
(iii) clean common types of handguns; and
(iv) supervise and conduct live firing exercises
in a safe and efficient manner.
(h) To qualify as a certified firearms instructor or
instructor trainer, instructor candidates shall achieve:
(1) A minimum score of 70% on a written examination
covering the material taught during the classroom portion
of the course;
(2) A minimum score of 80% on range firing of a handgun

HB0367 - 26 - LRB096 05784 RLC 15859 b
from the standing position while aiming at a B-21 PC
silhouette target or an equivalent as approved by the
sheriff, with a minimum of:
(i) ten rounds from 7 yards; and
(ii) ten rounds from 15 yards; and
(iii) a score of "passing" from the course
instructor for demonstrating competency in each of
the following:
(A) Supervising and conducting live fire;
(B) Cleaning and inspecting handguns; and
(C) Preparing and delivering the classroom
lecture.
(i) Instructor candidates who fail to meet the minimum
requirements of subsection (h) of this Section may retake the
examination, range work, or classroom demonstration one time
without having to repeat the course.
(j) Qualified firearms instructor and instructor trainer
certificates shall be valid for 3 years from the date of
issuance. Qualified firearms instructors or instructor
trainers may renew their certification by successfully
completing a refresher course offered or approved by the
sheriff.
(k) The fees for instructor trainer or refresher courses
shall be $100 per student. The fees for qualified instructor
courses shall be no more than $100 per student.
(1) The instructor trainer shall remit $50 per student

HB0367 - 27 - LRB096 05784 RLC 15859 b
to the sheriff.
(2) Fees shall not be refunded to those who do not pass
or otherwise fail to complete a course.
(l) Course participants shall provide their own safe,
functional handguns and factory-loaded ammunition.
(m) Prior to conducting range firing, the course instructor
shall:
(i) inspect each applicant's firearm; and
(ii) not allow the firing of a handgun which is not in
sound mechanical condition or otherwise may pose a safety
hazard.
Section 90. Home rule preemption. An ordinance of a unit of
local government, including a home rule unit, is invalid if it
is inconsistent with this Act. It is declared to be the policy
of this State that the regulation of the right to carry
concealed firearms is an exclusive power and function of the
State. A home rule unit may not regulate the issuance of
permits to carry concealed firearms. This Section is a denial
and limitation of home rule powers and functions under
subsection (h) of Section 6 of Article VII of the Illinois
Constitution.
Section 95. Severability. The provisions of this Act are
severable under Section 1.31 of the Statute on Statutes.

HB0367 - 28 - LRB096 05784 RLC 15859 b
Section 905. The Firearm Owners Identification Card Act is
amended by changing Section 13.1 as follows:
(430 ILCS 65/13.1) (from Ch. 38, par. 83-13.1)
Sec. 13.1. The provisions of any ordinance enacted by any
municipality which requires registration or imposes greater
restrictions or limitations on the acquisition, possession and
transfer of firearms than are imposed by this Act, are not
invalidated or affected by this Act, except that an ordinance
of a unit of local government, including a home rule unit, is
invalid if it is inconsistent with the Family and Personal
Protection Act. It is declared to be the policy of this State
that the regulation of the right to carry concealed firearms is
an exclusive power and function of the State. A home rule unit
may not regulate the issuance of permits to carry concealed
firearms. This Section is a denial and limitation of home rule
powers and functions under subsection (h) of Section 6 of
Article VII of the Illinois Constitution.
(Source: P.A. 76-1939.)
Section 910. The Criminal Code of 1961 is amended by
changing Section 24-2 as follows:
(720 ILCS 5/24-2) (from Ch. 38, par. 24-2)
Sec. 24-2. Exemptions.
(a) Subsections 24-1(a)(3), 24-1(a)(4), 24-1(a)(10), and

HB0367 - 29 - LRB096 05784 RLC 15859 b
24-1(a)(13) and Section 24-1.6 do not apply to or affect any of
the following:
(1) Peace officers, and any person summoned by a peace
officer to assist in making arrests or preserving the
peace, while actually engaged in assisting such officer.
(2) Wardens, superintendents and keepers of prisons,
penitentiaries, jails and other institutions for the
detention of persons accused or convicted of an offense,
while in the performance of their official duty, or while
commuting between their homes and places of employment.
(3) Members of the Armed Services or Reserve Forces of
the United States or the Illinois National Guard or the
Reserve Officers Training Corps, while in the performance
of their official duty.
(4) Special agents employed by a railroad or a public
utility to perform police functions, and guards of armored
car companies, while actually engaged in the performance of
the duties of their employment or commuting between their
homes and places of employment; and watchmen while actually
engaged in the performance of the duties of their
employment.
(5) Persons licensed as private security contractors,
private detectives, or private alarm contractors, or
employed by an agency certified by the Department of
Professional Regulation, if their duties include the
carrying of a weapon under the provisions of the Private

HB0367 - 30 - LRB096 05784 RLC 15859 b
Detective, Private Alarm, Private Security, Fingerprint
Vendor, and Locksmith Act of 2004, while actually engaged
in the performance of the duties of their employment or
commuting between their homes and places of employment,
provided that such commuting is accomplished within one
hour from departure from home or place of employment, as
the case may be. Persons exempted under this subdivision
(a)(5) shall be required to have completed a course of
study in firearms handling and training approved and
supervised by the Department of Professional Regulation as
prescribed by Section 28 of the Private Detective, Private
Alarm, Private Security, Fingerprint Vendor, and Locksmith
Act of 2004, prior to becoming eligible for this exemption.
The Department of Professional Regulation shall provide
suitable documentation demonstrating the successful
completion of the prescribed firearms training. Such
documentation shall be carried at all times when such
persons are in possession of a concealable weapon.
(6) Any person regularly employed in a commercial or
industrial operation as a security guard for the protection
of persons employed and private property related to such
commercial or industrial operation, while actually engaged
in the performance of his or her duty or traveling between
sites or properties belonging to the employer, and who, as
a security guard, is a member of a security force of at
least 5 persons registered with the Department of

HB0367 - 31 - LRB096 05784 RLC 15859 b
Professional Regulation; provided that such security guard
has successfully completed a course of study, approved by
and supervised by the Department of Professional
Regulation, consisting of not less than 40 hours of
training that includes the theory of law enforcement,
liability for acts, and the handling of weapons. A person
shall be considered eligible for this exemption if he or
she has completed the required 20 hours of training for a
security officer and 20 hours of required firearm training,
and has been issued a firearm control card by the
Department of Professional Regulation. Conditions for the
renewal of firearm control cards issued under the
provisions of this Section shall be the same as for those
cards issued under the provisions of the Private Detective,
Private Alarm, Private Security, Fingerprint Vendor, and
Locksmith Act of 2004. Such firearm control card shall be
carried by the security guard at all times when he or she
is in possession of a concealable weapon.
(7) Agents and investigators of the Illinois
Legislative Investigating Commission authorized by the
Commission to carry the weapons specified in subsections
24-1(a)(3) and 24-1(a)(4), while on duty in the course of
any investigation for the Commission.
(8) Persons employed by a financial institution for the
protection of other employees and property related to such
financial institution, while actually engaged in the

HB0367 - 32 - LRB096 05784 RLC 15859 b
performance of their duties, commuting between their homes
and places of employment, or traveling between sites or
properties owned or operated by such financial
institution, provided that any person so employed has
successfully completed a course of study, approved by and
supervised by the Department of Professional Regulation,
consisting of not less than 40 hours of training which
includes theory of law enforcement, liability for acts, and
the handling of weapons. A person shall be considered to be
eligible for this exemption if he or she has completed the
required 20 hours of training for a security officer and 20
hours of required firearm training, and has been issued a
firearm control card by the Department of Professional
Regulation. Conditions for renewal of firearm control
cards issued under the provisions of this Section shall be
the same as for those issued under the provisions of the
Private Detective, Private Alarm, Private Security,
Fingerprint Vendor, and Locksmith Act of 2004. Such firearm
control card shall be carried by the person so trained at
all times when such person is in possession of a
concealable weapon. For purposes of this subsection,
"financial institution" means a bank, savings and loan
association, credit union or company providing armored car
services.
(9) Any person employed by an armored car company to
drive an armored car, while actually engaged in the

HB0367 - 33 - LRB096 05784 RLC 15859 b
performance of his duties.
(10) Persons who have been classified as peace officers
pursuant to the Peace Officer Fire Investigation Act.
(11) Investigators of the Office of the State's
Attorneys Appellate Prosecutor authorized by the board of
governors of the Office of the State's Attorneys Appellate
Prosecutor to carry weapons pursuant to Section 7.06 of the
State's Attorneys Appellate Prosecutor's Act.
(12) Special investigators appointed by a State's
Attorney under Section 3-9005 of the Counties Code.
(12.5) Probation officers while in the performance of
their duties, or while commuting between their homes,
places of employment or specific locations that are part of
their assigned duties, with the consent of the chief judge
of the circuit for which they are employed.
(13) Court Security Officers while in the performance
of their official duties, or while commuting between their
homes and places of employment, with the consent of the
Sheriff.
(13.5) A person employed as an armed security guard at
a nuclear energy, storage, weapons or development site or
facility regulated by the Nuclear Regulatory Commission
who has completed the background screening and training
mandated by the rules and regulations of the Nuclear
Regulatory Commission.
(14) Manufacture, transportation, or sale of weapons

HB0367 - 34 - LRB096 05784 RLC 15859 b
to persons authorized under subdivisions (1) through
(13.5) of this subsection to possess those weapons.
(b) Subsections 24-1(a)(4) and 24-1(a)(10) and Section
24-1.6 do not apply to or affect any of the following:
(1) Members of any club or organization organized for
the purpose of practicing shooting at targets upon
established target ranges, whether public or private, and
patrons of such ranges, while such members or patrons are
using their firearms on those target ranges.
(2) Duly authorized military or civil organizations
while parading, with the special permission of the
Governor.
(3) Hunters, trappers or fishermen with a license or
permit while engaged in hunting, trapping or fishing.
(4) Transportation of weapons that are broken down in a
non-functioning state or are not immediately accessible.
(5) Carrying a concealed firearm by a permittee who has
been issued a permit to carry a concealed firearm under the
Family and Personal Protection Act.
(c) Subsection 24-1(a)(7) does not apply to or affect any
of the following:
(1) Peace officers while in performance of their
official duties.
(2) Wardens, superintendents and keepers of prisons,
penitentiaries, jails and other institutions for the
detention of persons accused or convicted of an offense.

HB0367 - 35 - LRB096 05784 RLC 15859 b
(3) Members of the Armed Services or Reserve Forces of
the United States or the Illinois National Guard, while in
the performance of their official duty.
(4) Manufacture, transportation, or sale of machine
guns to persons authorized under subdivisions (1) through
(3) of this subsection to possess machine guns, if the
machine guns are broken down in a non-functioning state or
are not immediately accessible.
(5) Persons licensed under federal law to manufacture
any weapon from which 8 or more shots or bullets can be
discharged by a single function of the firing device, or
ammunition for such weapons, and actually engaged in the
business of manufacturing such weapons or ammunition, but
only with respect to activities which are within the lawful
scope of such business, such as the manufacture,
transportation, or testing of such weapons or ammunition.
This exemption does not authorize the general private
possession of any weapon from which 8 or more shots or
bullets can be discharged by a single function of the
firing device, but only such possession and activities as
are within the lawful scope of a licensed manufacturing
business described in this paragraph.
During transportation, such weapons shall be broken
down in a non-functioning state or not immediately
accessible.
(6) The manufacture, transport, testing, delivery,

HB0367 - 36 - LRB096 05784 RLC 15859 b
transfer or sale, and all lawful commercial or experimental
activities necessary thereto, of rifles, shotguns, and
weapons made from rifles or shotguns, or ammunition for
such rifles, shotguns or weapons, where engaged in by a
person operating as a contractor or subcontractor pursuant
to a contract or subcontract for the development and supply
of such rifles, shotguns, weapons or ammunition to the
United States government or any branch of the Armed Forces
of the United States, when such activities are necessary
and incident to fulfilling the terms of such contract.
The exemption granted under this subdivision (c)(6)
shall also apply to any authorized agent of any such
contractor or subcontractor who is operating within the
scope of his employment, where such activities involving
such weapon, weapons or ammunition are necessary and
incident to fulfilling the terms of such contract.
During transportation, any such weapon shall be broken
down in a non-functioning state, or not immediately
accessible.
(d) Subsection 24-1(a)(1) does not apply to the purchase,
possession or carrying of a black-jack or slung-shot by a peace
officer.
(e) Subsection 24-1(a)(8) does not apply to any owner,
manager or authorized employee of any place specified in that
subsection nor to any law enforcement officer.
(f) Subsection 24-1(a)(4) and subsection 24-1(a)(10) and

HB0367 - 37 - LRB096 05784 RLC 15859 b
Section 24-1.6 do not apply to members of any club or
organization organized for the purpose of practicing shooting
at targets upon established target ranges, whether public or
private, while using their firearms on those target ranges.
(g) Subsections 24-1(a)(11) and 24-3.1(a)(6) do not apply
to:
(1) Members of the Armed Services or Reserve Forces of
the United States or the Illinois National Guard, while in
the performance of their official duty.
(2) Bonafide collectors of antique or surplus military
ordinance.
(3) Laboratories having a department of forensic
ballistics, or specializing in the development of
ammunition or explosive ordinance.
(4) Commerce, preparation, assembly or possession of
explosive bullets by manufacturers of ammunition licensed
by the federal government, in connection with the supply of
those organizations and persons exempted by subdivision
(g)(1) of this Section, or like organizations and persons
outside this State, or the transportation of explosive
bullets to any organization or person exempted in this
Section by a common carrier or by a vehicle owned or leased
by an exempted manufacturer.
(g-5) Subsection 24-1(a)(6) does not apply to or affect
persons licensed under federal law to manufacture any device or
attachment of any kind designed, used, or intended for use in

HB0367 - 38 - LRB096 05784 RLC 15859 b
silencing the report of any firearm, firearms, or ammunition
for those firearms equipped with those devices, and actually
engaged in the business of manufacturing those devices,
firearms, or ammunition, but only with respect to activities
that are within the lawful scope of that business, such as the
manufacture, transportation, or testing of those devices,
firearms, or ammunition. This exemption does not authorize the
general private possession of any device or attachment of any
kind designed, used, or intended for use in silencing the
report of any firearm, but only such possession and activities
as are within the lawful scope of a licensed manufacturing
business described in this subsection (g-5). During
transportation, those devices shall be detached from any weapon
or not immediately accessible.
(h) An information or indictment based upon a violation of
any subsection of this Article need not negative any exemptions
contained in this Article. The defendant shall have the burden
of proving such an exemption.
(i) Nothing in this Article shall prohibit, apply to, or
affect the transportation, carrying, or possession, of any
pistol or revolver, stun gun, taser, or other firearm consigned
to a common carrier operating under license of the State of
Illinois or the federal government, where such transportation,
carrying, or possession is incident to the lawful
transportation in which such common carrier is engaged; and
nothing in this Article shall prohibit, apply to, or affect the

HB0367 - 39 - LRB096 05784 RLC 15859 b
transportation, carrying, or possession of any pistol,
revolver, stun gun, taser, or other firearm, not the subject of
and regulated by subsection 24-1(a)(7) or subsection 24-2(c) of
this Article, which is unloaded and enclosed in a case, firearm
carrying box, shipping box, or other container, by the
possessor of a valid Firearm Owners Identification Card.
(Source: P.A. 95-331, eff. 8-21-07; 95-613, eff. 9-11-07;
95-885, eff. 1-1-09.)
Section 999. Effective date. This Act takes effect upon
becoming law.
HB0367 - 40 - LRB096 05784 RLC 15859 b
INDEX
Statutes amended in order of appearance
New Act
430 ILCS 65/13.1 from Ch. 38, par. 83-13.1
720 ILCS 5/24-2