Bill Text: IL HB0831 | 2013-2014 | 98th General Assembly | Amended

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Bill Title: Amends the Unified Code of Corrections. Makes a technical change in a Section requiring the Department of Corrections to designate those institutions and facilities that are maintained for persons assigned as adults and as juveniles.

Spectrum: Partisan Bill (Democrat 4-0)

Status: (Failed) 2014-12-03 - Session Sine Die [HB0831 Detail]

Download: Illinois-2013-HB0831-Amended.html

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Rep. Kelly M. Cassidy

Filed: 4/16/2013

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AMENDMENT TO HOUSE BILL 831
AMENDMENT NO. ______. Amend House Bill 831 by replacing
everything after the enacting clause with the following:
"Section 1. Short title. This Act may be cited as the Guns
In Public Act.
Section 5. Legislative findings; purpose and intent. The
General Assembly hereby finds and declares:
(a) Gun violence takes an extraordinary toll on families
and communities in Illinois. In 2010, over 1,000 individuals
died from firearm-related injuries in Illinois. In that same
year, incidents of gun murders, gun suicides, and unintentional
shootings in Illinois killed 142 children and adolescents ages
19 and younger.
(b) Firearms carried or possessed in public places increase
the risk of deaths and injuries by increasing the chances that
firearms will be used to settle disputes, and by increasing the

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risk of an accidental shooting at a place where large numbers
of people are gathered. The carrying or possession of firearms
in public places also increases the risk that those firearms
will be lost or stolen, and end up in the hands of criminals or
other persons ineligible to possess firearms.
(c) Flawed application processes in existing state systems
for licensing individuals to carry concealed weapons ("CCW
laws") have allowed numerous persons prohibited from
possessing firearms to receive CCW permits. Analyses have found
that numerous criminals (including rapists, armed robbers,
individuals who had pleaded guilty or no contest to felonies,
individuals with outstanding warrants, people with active
domestic violence injunctions against them, and 6 registered
sex offenders) had been issued CCW licenses under other states'
permissive laws.
(d) Research has shown that individuals issued CCW permits
include not only people who have committed violent crimes in
the past, but also those who subsequently commit violent
crimes. One study found that Texas CCW permit holders were
arrested for weapons-related crimes at a rate 81% higher than
that of the state's general adult population. According to the
Violence Policy Center (VPC), between May 2007 and November
2012, individuals licensed to carry concealed weapons ("CCW
permit holders") killed at least 14 law enforcement officers
and 485 private citizens (including 35 shooters who killed
themselves after an attack).

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(e) On December 11, 2012, the Seventh Circuit Court of
Appeals in Moore v. Madigan, upheld a challenge to the Illinois
law prohibiting the carrying of handguns, either openly or
concealed in public places. The Seventh Circuit reversed and
remanded the lower court's dismissal of the challenge but
stayed the mandate for 180 days to allow the General Assembly
to remedy the violation by enacting a new law. Moore v.
Madigan, 702 F.3d 933 (7th Cir. Ill. 2012).
(f) The Seventh Circuit's opinion in Moore suggested that
Illinois adopt a discretionary concealed carry licensing law.
The court explained that since Illinois "is not a state with a
strong pro-gun culture, unlike the states that began allowing
concealed carriage before Heller and MacDonald [sic] enlarged
the scope of Second Amendment rights", a discretionary law
would be more appropriate for Illinois than a law with only
"minimal permit restrictions on carriage of guns outside the
home". (emphasis in original). Additionally, the court
endorsed a requirement that concealed carry licensing
applicants demonstrate that they have experience using, and can
safely handle, a firearm. The court also spoke approvingly of
state legislation that would allow private property owners to
prohibit firearms, including concealed weapons, on their
property.
(g) On March 21, 2013, the Fourth Circuit Court of Appeals,
in Woollard v. Gallagher, upheld Maryland's law restricting the
carrying of firearms in public. Under Maryland's law, in order

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to obtain a permit to carry a handgun in public, a person must
demonstrate "a good and substantial reason to wear, carry, or
transport a handgun, such as a finding that the permit is
necessary as a reasonable precaution against apprehended
danger." The Fourth Circuit held that this requirement does not
violate the Second Amendment. Woollard v. Gallagher, 2013 U.S.
App. LEXIS 5617 (4th Cir. Md. 2013).
(h) The Seventh Circuit's opinion in Moore favorably cited
Kachalsky v. County of Westchester, 701 F.3d 81 (2d Cir. N.Y.
2012), a recent opinion of the Second Circuit Court of Appeals,
which upheld New York's law restricting the carrying of
firearms in public. New York's law gives the local issuing
authority considerable discretion in deciding whether to issue
a license, and has been interpreted to require an applicant for
an unrestricted license to demonstrate "a special need for
self-protection distinguishable from that of the general
community". By favorably citing the Second Circuit's opinion in
Kachalsky, the Seventh Circuit in Moore indicated that it
agreed that New York's requirements are consistent with the
Second Amendment.
(i) It is the purpose and intent of the General Assembly to
restrict the carrying of firearms in public places in the State
in compliance with the Seventh Circuit's opinion in Moore. The
General Assembly further believes it is necessary to restrict
the carrying of firearms in public places to individuals who
have demonstrated a particularized need to carry a firearm in

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public because they are exposed to unusual personal danger,
distinct from other members of the community. The General
Assembly further believes that individuals who are licensed to
carry a concealed firearm in public should first undergo
extensive safety training, and a comprehensive background
check. The General Assembly believes these restrictions will
help to reduce gun deaths and injuries and increase public
safety.
Section 10. Definitions. As used in this Act:
"Applicant" means a person who is applying for a license to
carry a concealed firearm under this Act.
"Concealed firearm" means a loaded or unloaded handgun
carried on or about a person entirely hidden from view of the
public, or carried in a vehicle in such a way as it is entirely
hidden from view of the public.
"Department" means the Department of State Police.
"Director" means the Director of State Police.
"Handgun" means any device which is designed to expel a
projectile or projectiles by the action of an explosion,
expansion of gas, or escape of gas that is designed to be held
and fired by the use of a single hand. "Handgun" does not
include a stun gun or taser.
"License" means a license issued by the Department of State
Police to carry a loaded or unloaded concealed firearm.
"Licensee" means a person issued a license to carry a

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concealed firearm.
"Peace officer" means (1) any person who by virtue of his
or her office or public employment is vested by law with a duty
to maintain public order or to make arrests for offenses,
whether that duty extends to any offenses or is limited to
specific offenses, or (2) any person who, by statute, is
granted and authorized to exercise powers similar to those
conferred upon any peace officer employed by a law enforcement
agency of this State.
"Particularized need" means that the applicant is exposed
to unusual personal danger, distinct from other members of the
community.
"Superintendent" means the Superintendent of Police for
the City of Chicago.
Section 15. Issuance of licenses to carry a concealed
firearm.
(a) A licensee shall possess a license any time the
licensee carries a concealed firearm except:
(1) if the person is carrying or possessing a concealed
firearm and the person is on his or her land or in his or
her abode or legal dwelling or in the abode or legal
dwelling of another adult as an invitee with that adult's
express permission to carry a concealed firearm;
(2) if the person is authorized to carry a firearm
under Section 24-2 of the Criminal Code of 2012; or

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(3) the firearm is broken down in a non-functioning
state, is not immediately accessible, or is unloaded and
enclosed in a firearm case, carrying box, shipping box, or
other similar portable container designed for the safe
transportation of firearms.
(a-5) A licensee shall display the license upon the request
of a peace officer or person designated to enforce the
provisions of Section 55.
(b) The Department shall make applications for a license
available no later than 180 days after the date specified in
subsection (g). Applications shall be available at Department
locations, sheriff offices, Chicago Police Headquarters, on
the Department's official website, and any other location
designated by the Department.
(c) A completed application for a license shall be
submitted to the office of the sheriff of the county in which
the applicant resides with any accompanying materials and fees,
unless the applicant resides in the City of Chicago, in which
case the application shall be submitted to the Superintendent
of Police. The applicant shall verify the contents of the
application by oath or affirmation in writing before an officer
authorized by the sheriff or Superintendent. The sheriff or
Superintendent shall review the application and shall promptly
return an incomplete application to the applicant. Each
applicant for a license or renewal of a license under this Act
shall pay at the time of application a fee to the Department in

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an amount set by the Department, and a fee to the sheriff or
Superintendent in an amount set by the sheriff or
Superintendent.
(d) A sheriff or the Superintendent may submit a
recommendation for approval of an application to the
Department, if the applicant is an eligible individual under
Section 20 who has sufficiently demonstrated, in the judgment
of the sheriff or Superintendent, that:
(1) he or she has a particularized need for the
license;
(2) he or she is a responsible person; and
(3) the issuance of a license is in the public's
interest.
If the application is approved, the sheriff or
Superintendent shall submit the application, any accompanying
materials, and the application fee to the Department within 30
days of receipt, unless good cause exists to extend this time
period. Upon request of a municipal law enforcement agency, the
sheriff shall notify the department of the name, address, and
date of birth of any person submitting an application for a
license. The municipal police department may submit to the
sheriff information deemed to be relevant to the application,
and the sheriff may consider the information when determining
whether to submit an objection. If the applicant is found by a
sheriff or Superintendent to be ineligible, the sheriff or
Superintendent shall deny the application and notify the

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applicant in writing, stating the grounds for denial. The
notice of denial must inform the applicant that he or she may,
within 30 days, appeal the denial. Upon receiving an appeal,
the sheriff or Superintendent shall reconsider its decision and
inform the applicant within 30 days of the result of the
reconsideration. If upon reconsideration the sheriff or
Superintendent denies the application, the applicant must be
informed of the right to administrative review.
(e) Once the Department has received a recommendation for
approval from the sheriff or Superintendent, the Department
shall consider whether the applicant is eligible for a license
under Section 20, and whether, in the judgment of the
Department, the applicant meets the qualifications of
subsection (d) of this Section. The Department may issue a
license to an applicant who meets these requirements and has
obtained the approval of the sheriff or Superintendent. If the
applicant is found by the Department to be ineligible, the
Department shall follow the procedures set forth in subsection
(d) for reconsideration of the application.
(f) The license shall be issued or denied by the Department
within 3 months of receipt of a completed application from a
sheriff or the Superintendent, unless good cause exists to
extend this time period. A license shall be valid throughout
the State for a period of 5 years.
(g) Notwithstanding the other provisions of this Act, no
license shall be issued under this Act unless and until the

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Department has reported any persons prohibited from possessing
a firearm to the National Instant Criminal Background Check
System, Denied Persons Files, in accordance with Public Act
95-564.
(h) Fees authorized by this Act shall be set in amounts
sufficient to cover the costs of administering and enforcing
this Act, and may be increased at any time as necessary to
cover these costs.
(i) The Department shall adopt rules to implement the
provisions of this Section.
Section 20. Eligibility of an applicant for a license. The
Department shall not issue a license to an applicant completing
an application in accordance with Section 25 of this Act unless
the person has demonstrated that he or she:
(1) is at least 21 years of age;
(2) has a valid Firearm Owner's Identification Card;
(3) has been a resident of this State for at least the
previous 30 days;
(4) has not, in this State or any other state, been
convicted of, pled guilty to, or entered a plea of nolo
contendere for: (A) a felony, (B) a misdemeanor involving the
use or threat of physical force or violence to any person, (C)
a misdemeanor involving the use, possession, or distribution of
a controlled substance or cannabis within the 10 years
preceding the date of the application, or (D) a misdemeanor

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involving the manufacture, sale, carrying, possession, or use
of a firearm or dangerous or deadly weapon or ammunition;
(5) has not been adjudicated a delinquent minor under the
Juvenile Court Act of 1987 or a similar law in another
jurisdiction, for an offense which, if committed by an adult,
would disqualify the adult for a license under this Section;
(6) is not subject to an order of protection under Section
112A-14 of the Code of Criminal Procedure of 1963 or under
Section 214 of the Illinois Domestic Violence Act of 1986, or
any similar law in another jurisdiction;
(7) has not been a patient in a mental institution within
the past 5 years, has not been adjudicated as having a mental
defect, or is not intellectually disabled;
(8) is not free on any form of bond or pretrial release,
other than for a traffic offense, and has no outstanding
warrants in this State or any other state;
(9) does not chronically and habitually abuse alcoholic
beverages as evidenced by the applicant having one or more
conviction for violating Section 11-501 of the Illinois Vehicle
Code or similar provision of a local ordinance or another
state's law within 5 years preceding the date of the
application, or if the applicant has 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 other state, within 5 years preceding the date of
the application;

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(10) has completed firearms training and any educational
component required in Section 70 of this Act; and
(11) possesses the same powers of eyesight as required for
a driver's license under Section 6-109 of the Illinois Vehicle
Code.
Section 25. Contents of application.
(a) The application shall be in writing, under oath and
penalty of perjury, on a standard form adopted by the
Department and shall be accompanied by the documentation
required in this Section and any applicable fees.
(b) The application shall contain the following
information:
(1) the applicant's name, current address, home and
business telephone numbers, and cell phone number, if any,
gender, date and year of birth, place of birth, height,
weight, hair color, eye color, maiden name or any other
name the applicant has used or identified with, and any
address at which the applicant resided for more than 30
days within the 5 years preceding the date of the
application;
(2) the present business or occupation and any business
or occupation in which the applicant has engaged during the
5-year period immediately preceding the application and
the addresses of those businesses or places of employment;
(3) the applicant's driver's license or State

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identification card number and the last 4 digits of the
applicant's social security number;
(4) the marital status of the applicant;
(5) the names and last known addresses of the
applicant's spouse and any former spouses, children,
stepchildren, and foster children, current household
members and household members during the preceding 5 years:
(6) questions to certify or demonstrate the applicant
has completed firearms training and any educational
component required in Section 70 of this Act;
(7) proof that the applicant is a resident of this
State and has been for at least the previous 30 days;
(8) whether the federal government or a governmental
entity in any state or subdivision of any state has denied
or revoked the applicant's license, permit, registration,
or certificate pertaining to any firearm and if so, the
jurisdiction, the identifying number of the license,
permit, registration, or certificate, the reason, and the
date;
(9) whether the applicant has failed a drug test within
the preceding 5 years and if so, the provider of the test,
the specific substance involved, and date of the test;
(10) whether the applicant has ever been prohibited by
law from purchasing, possessing, or carrying a firearm and
if so, the jurisdiction, the date, and the reason for the
prohibition;

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(11) whether the applicant has been suspended or
expelled from a postsecondary educational institution,
such as a college or university, because of suspected
mental illness or violent behavior, and if so, the name of
the school, the date, and the reason for the suspension or
expulsion;
(12) a description of any incident in which the
applicant threatened, injured or killed any person, if a
firearm was involved or the incident occurred during the
preceding 5 years and the police were involved, including,
for each incident, the date, place, time, circumstances,
and the names of the persons and police agencies involved,
if any;
(13) a waiver of privacy and confidentiality rights and
privileges enjoyed by the applicant under any federal and
State laws, including those governing access to juvenile
court, criminal justice, psychological or psychiatric
records, or records relating to the applicant's history of
institutionalization, and an affirmative request that any
person having custody of the record provide it or
information concerning it to the Department;
(14) 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 2012;
(15) an affirmation that the applicant possesses a
currently valid Firearm Owner's Identification Card;

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(16) an affirmation that the applicant has never been
convicted in this State or any other state of (A) a felony,
(B) a misdemeanor involving the use or threat of physical
force or violence to any person, (C) a misdemeanor
involving the use, possession, or distribution of a
controlled substance or cannabis within the 10 years
preceding the date of the application, or (D) a misdemeanor
involving the manufacture, sale, carrying, possession or
use of a firearm or dangerous or deadly weapon or
ammunition;
(17) an explanation of the applicant's particularized
need for and intended use of the firearm, including
descriptions of any incident in which the applicant has
been threatened or injured, or copies of police reports or
restraining orders, if applicable;
(18) the make, model, manufacturer's name, caliber or
gauge, and serial number of each firearm to be carried
under the license;
(19) written agreement that, if the person is
approached by a peace officer while carrying a concealed
firearm under the license, the person will immediately
inform the officer that he or she is in possession of a
firearm and a license to carry a concealed firearm, and
will submit to a pat down search and allow the officer to
take possession of the firearm for the duration of the
encounter;

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(20) written consent to submit to one or more field
sobriety or chemical tests to determine the presence of
alcohol or drugs, at any point when the person is carrying
a concealed firearm and the person is approached by a peace
officer who has a reasonable suspicion that the person is
under the influence of alcohol or a controlled substance;
(21) proof that the applicant possesses the same powers
of eyesight as required for a driver's license under
Section 6-109 of the Illinois Vehicle Code. If an applicant
does not possess a current Illinois driver's license, the
applicant may present a current optometrist's or
ophthalmologist's statement certifying the vision reading
obtained from the applicant; and
(22) any other information that the sheriff,
Superintendent, or the Department finds necessary to
process an application.
(c) A person applying for a license shall provide a head
and shoulder color photograph in a size specified by the
Department that was taken within the 30 days preceding the date
of the application. The applicant shall consent to both the
sheriff or Superintendent and the Department reviewing and
using the applicant's digital driver's license or Illinois
Identification photograph and signature, if available. The
Secretary of State shall allow the sheriff or Superintendent
and the Department access to the photograph and signature for
the purpose of identifying the applicant and issuing to the

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applicant a license.
(d) A person applying for a license shall submit with an
application a full set of legible fingerprints. Fingerprinting
may be administered by the Department or any other federal,
State, county, or municipal law enforcement agency. The cost of
fingerprinting shall be paid by the applicant. The Department
shall accept a hard copy or electronic version of fingerprints.
(e) A person applying for a license shall submit a
photocopy of a certificate or other evidence of completion of a
course to show compliance with Section 70 of this Act.
(f) The Department is authorized to establish a system for
electronically submitting applications, including applications
for renewal or a replacement license.
Section 30. Investigation of applicant.
(a) The sheriff, or if the applicant resides in the City of
Chicago, the Superintendent of Police, shall complete a
background check on an applicant for a license to carry a
concealed firearm to ensure compliance with the requirements of
this Act and any federal, State, and local laws. The background
check shall include a search of the following:
(1) the National Instant Criminal Background Check
System of the Federal Bureau of Investigation;
(2) any available State and local criminal history
record information files, including records of juvenile
adjudications;

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(3) any available federal, State, and local records
regarding wanted persons;
(4) any available federal, State, and local records of
domestic violence restraining and protective orders;
(5) any available federal, State, and local records
identifying persons who are unlawful users of or addicted
to any controlled substance (as defined in Section 802 of
Title 21 of the United States Code);
(6) the files of the Department of Human Services
relating to mental health and developmental disabilities;
and
(7) any other available files of any federal, State,
local agency, and other entity (private or public) in any
jurisdiction likely to contain information relevant to
whether the applicant is prohibited from purchasing or
possessing a firearm under federal, State, or local law.
(b) As part of its investigation, the sheriff,
Superintendent, or Department may, at its discretion, conduct
interviews of the applicant, any of the applicant's current or
former family or household members, co-workers, employers,
neighbors, the character references as listed on the
application, and any other member of the public who may have
information relevant to the application.
Section 35. Database of applicants and licensees.
(a) The Department shall maintain a database of applicants

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for a license and licenses. The database shall be available to
any law enforcement agencies, State's Attorneys, and the
Attorney General. Members and staff of the judiciary may access
the database for the purpose of determining whether to
confiscate a license or to ensure compliance with this Act or
any other law. The database shall be searchable and provide any
information included in the application, a photograph of the
applicant or licensee, and any information related to
violations of this Act. Individual law enforcement agencies
shall not maintain a separate, searchable database of
applicants and licensees containing information included in
the database.
(b) The Department shall make available on its website
statistical information about the number of licenses issued by
county, age, race, or gender. The Department shall also make
available on its website and upon request information about the
number of arrests and convictions and the types of crimes
committed since the last report by licensees. The report shall
be updated quarterly. Except as provided in this subsection,
applications and information in the database shall be
confidential and exempt from disclosure under the Freedom of
Information Act. The sheriff, Superintendent, or Department
may answer requests to confirm or deny whether a person has
been issued a license as part of inquiries dealing with a
criminal investigation, and may disclose the existence of an
application as necessary to conduct the interviews authorized

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by subsection (b) of Section 30. No law enforcement agency,
State's Attorney, or member or staff of the judiciary, other
than the Department, shall provide any information to a
requester not entitled to it by law, except as provided in this
subsection.
Section 40. Suspension or revocation of a license.
(a) A license issued or renewed under this Act shall be
revoked if, at any time, the licensee is found ineligible for a
license based on the criteria set forth in Section 20 of this
Act or the licensee no longer possesses a Firearm Owner's
Identification Card. This subsection does not apply to a person
who has filed an application with the State Police for renewal
of a Firearm Owner's Identification Card and who is not
otherwise ineligible to obtain a Firearm Owner's
Identification Card.
(b) A license shall be revoked if an order of protection
under Section 112A-14 of the Code of Criminal Procedure of 1963
or under Section 214 of the Illinois Domestic Violence Act of
1986 is issued against a licensee, or if the Department is made
aware of a similar order issued against the licensee in any
other jurisdiction. If an order of protection is issued against
a licensee, the licensee shall surrender the license, as
applicable, to the court at the time the order is entered or to
the law enforcement agency or entity designated to serve
process at the time the licensee is served the order. The

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court, law enforcement agency, or entity responsible for
serving the order shall transmit the license to the Department.
(c) The Department may temporarily or permanently suspend a
license for a violation of Section 55 of this Act in accordance
with subsection (g) of Section 55.
(d) A license shall be invalid upon expiration of the
license, unless the licensee has submitted an application to
renew the license. A person who fails to renew his or her
application within 30 days after its expiration must reapply
for a new license and pay the fee for a new application.
(e) The Department may suspend a license if a licensee
fails to submit a change of address or name or fails to report
a lost or destroyed license to the Department within 30 days.
Section 45. Renewal of license.
(a) Not later than 120 days before the expiration of any
license issued under this Act, the Department shall notify the
licensee in writing of the expiration and furnish an
application for renewal of the license or make the application
available on-line.
(b) Applications for renewal of a license shall be made to
the office of the sheriff of the county in which the applicant
resides with any accompanying materials and fees, unless the
applicant resides in the City of Chicago, in which case the
application shall be made to the Superintendent of Police. The
sheriff or Superintendent shall follow the procedures in

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Section 15 for submittal of the renewal application and
accompanying materials to the Department. A license may be
renewed for a period of 5 years upon receipt of a completed
renewal application, renewal fees, and completion of an
investigation under Section 30. The renewal application shall
contain the information required in Section 25, except that the
applicant need not resubmit a full set of fingerprints. A
license holder must repeat the safety training and testing
requirements in Section 70 at least once every 5 years, and
more frequently at the discretion of the sheriff or
Superintendent.
Section 50. Change of address, change of name, or lost or
destroyed licenses.
(a) The licensee shall notify the Department within 30 days
of moving or changing a residence or any change of name, and
upon the discovery of the loss or destruction of a license.
(b) If a licensee changes residence within this State or
changes his or her name, the licensee shall request a new
license. The licensee shall submit a fee in an amount set by
the Department, a notarized statement that the licensee has
changed residence or his or her name, and a photograph as
required in Section 25 of this Act. The statement must include
the prior and current address or name and the date the
applicant moved or changed his or her name.
(c) A lost or destroyed license shall be invalid. To

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request a new license, the licensee shall submit (1) a fee in
an amount set by the Department, (2) a notarized statement that
the licensee no longer possesses the license and that it was
lost or destroyed, (3) a copy of a police report stating that
the license was lost, destroyed, or stolen, and (4) a
photograph as required in Section 25 of this Act.
Section 55. Restrictions.
(a) No license issued under this Act shall authorize any
person to knowingly carry a concealed firearm into:
(1) Any building under the control of the Governor,
Lieutenant Governor, Attorney General, Secretary of State,
Comptroller, or Treasurer.
(2) Any building under control of the General Assembly
or any of its support service agencies, including the
portion of a building in which a committee of the General
Assembly convenes for the purpose of conducting meetings of
committees, joint committees, or legislative commissions.
(3) Any courthouse or building occupied in whole or in
part by the Circuit, Appellate, or Supreme Court or a room
designated as a courtroom for court proceedings by any of
these courts.
(4) Any meeting of the governing body of a unit of
local government or special district.
(5) Any place which is licensed to sell intoxicating
beverages.

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(6) Any area of an airport to which access is
controlled by the inspection of persons and property.
(7) Any place where the carrying of a firearm is
prohibited by federal law.
(8) Any elementary or secondary school.
(9) Any portion of a building used as a child care
facility. Nothing in this Section shall prevent the
operator of a child care facility in a family home from
owning or possessing a firearm or license, so long as the
firearm is stored unloaded in a locked container.
(10) Any gaming facility licensed under the Riverboat
Gambling Act or the Illinois Horse Racing Act of 1975.
(11) Any gated area of an amusement park.
(12) Any stadium, arena, or collegiate or professional
sporting event.
(13) A hospital or mental health facility.
(14) A library without the written consent of the
library's governing body. The governing body shall inform
the appropriate law enforcement agency of the consent.
(15) Any police, sheriff, or State Police office or
station without the consent of the chief law enforcement
officer in charge of that office or station.
(16) Any adult or juvenile detention or correctional
institution, prison, or jail.
(17) Any polling place on any election day.
(18) Any street fair or festival, farmer's market,

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carnival, concert, protest, parade or other temporary
special event, that is conducted primarily outdoors on
property open to the public, and that requires the issuance
of a permit from the city or county where it occurs, unless
the city or county specifically authorizes licensees to
carry concealed firearms at the event.
(19) Any private property without the express
permission of the owner, manager, operator, or individual
with the authority to control activities in that place at
that time. This provision shall apply to private property
of any kind, including private residences and places of
business, regardless of whether they are open or closed to
members of the public.
(20) Any building owned, leased, or controlled by a
municipality or any building or property owned, leased or
controlled by a school district unless authorized by a
majority vote of members of its governing board. Nothing in
this paragraph shall prohibit a licensee from carrying a
concealed firearm on any sidewalk, on any highway or
roadway, in any public restroom, or in the licensee's own
residence.
(a-1) Nothing in this Act shall preempt, abridge, limit, or
diminish the authority of community colleges, and public and
private colleges and universities from prohibiting,
restricting or otherwise regulating firearms on their
campuses, grounds and other property, including but not limited

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to sidewalks, and commons, owned by the school district,
community college, or public or private college or university
or in buildings used in whole or in part for housing,
classrooms, laboratories, medical clinics, hospitals, and
artistic, athletic and entertainment venues; or on or in
property owned, controlled or leased by officially recognized
student organizations or officially recognized
university-related organizations.
(a-2) Nothing in this Act shall preempt, abridge, limit or
diminish the authority of community colleges, and public and
private colleges and universities from prohibiting persons
from carrying a firearm into a vehicle owned, leased or
controlled by the school districts, community colleges, or
public or private college or universities regardless of where
the vehicle travels. School districts, community colleges, and
public or private colleges or universities may develop
resolutions, regulations, or policies regarding the storage
and maintenance of firearms, including but not limited to
designating areas where individuals may park vehicles that
carry firearms. These resolutions, regulations, or policies
may specify that persons in violation of the resolutions,
regulations, or policies may be denied entrance to the campus,
grounds, building, vehicles or other property and subjected to
a civil fine of no more than $1,500 for any violation of the
provisions of the resolution, regulation, or policy.
(a-3) Nothing in this Act shall preempt, abridge, limit, or

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diminish the authority of community colleges, and public or
private colleges or universities from taking actions
proscribed by their resolutions, regulations, or policies
against violations of the resolutions, regulations, or
policies, which may qualify as student, employee, or visitor
misconduct and may result in discipline, including, but not
limited to, expulsion from the school district, community
college, or public or private college or university,
termination of employment or appointment, or suspension or
banning from the school district, community college, or public
or private college or university campuses, grounds and other
property.
(a-4) Nothing in this Act shall preempt, abridge, limit, or
diminish the authority of community colleges, and public or
private colleges and universities from permitting the carrying
or use of firearms for the purposes of instruction and
curriculum of officially recognized programs, such as military
science programs. These programs shall be authorized by the
chief executive officer of the community college, or public or
private college or university or his or her designee.
(b) A licensee shall not be in violation of this Section
while he or she is traveling along a public right of way that
touches or crosses any of the premises specified in subsection
(a) if the handgun is carried on his or her person in
accordance with the provisions of this Act or is being
transported in a vehicle by the licensee in accordance with any

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other applicable provisions of law.
(c) A license to carry a concealed firearm issued or
renewed under this Act may include any additional reasonable
restrictions or conditions which the Department deems
warranted, including restrictions as to the time, place,
manner, and circumstances under which the person may carry a
firearm. No license to carry a concealed firearm issued under
this Act shall be valid within the City of Chicago unless the
Superintendent of Police of that City has issued a special
permit authorizing the license holder to carry a concealed
firearm in the City. No license to carry a concealed firearm
shall be valid in Cook County outside the City of Chicago
unless the Cook County Sheriff has issued a special permit
authorizing the license holder to carry a concealed firearm in
Cook County, except that a license holder who has received a
special permit from the Superintendent of Police of the City of
Chicago shall be authorized to carry a concealed firearm
throughout Cook County.
(d) If a law enforcement officer initiates an investigative
stop, including but not limited to a traffic stop, of a
licensee who is carrying a concealed firearm, the licensee
shall immediately disclose to the officer that he or she is in
possession of a concealed firearm under this Act. The licensee
shall comply with any lawful orders and directions from the
officer. For the safety of the officer and the public, the
officer may conduct a pat down of the licensee and take

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possession of the firearm for the duration of the encounter.
(e) A licensee shall not carry a concealed firearm while
under the influence of alcohol or any drug, substance, or
compound in an amount that would render the licensee unfit to
drive under Section 11-501 of the Illinois Vehicle Code. If a
licensee is approached by a peace officer while carrying a
concealed firearm and the officer has a reasonable suspicion
that the licensee is under the influence, the officer may
require the licensee to submit to one or more field sobriety or
chemical tests to determine the presence of alcohol or any
drug, substance, or compound that would render the licensee
unfit to drive under Section 11-501 of the Illinois Vehicle
Code.
(f) A violation of subsection (a), (b), (c), (d), or (e) is
a Class B misdemeanor. A knowing violation of subsection (a),
(b), (c), (d), or (e) is a Class A misdemeanor. The court may
require a licensee to pay a $150 fee, in addition to any other
fees or court costs, for a violation of subsection (d).
(g) The Department may suspend a license for up to 180 days
for a second or subsequent violation of subsection (a), (b),
(c), (d), or (e). The Department shall permanently revoke a
license for a willful violation of this Section.
Section 60. Immunity, employees, and agents. The office of
the county sheriff, or any employee or agent of the county
sheriff, or the Superintendent of the Chicago Police Department

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or any employee or agent of the Superintendent, or the
Department of State Police shall not be liable for damages in
any civil action arising from alleged wrongful or improper
granting, denying, renewing, revoking, suspending, or failure
to grant, deny, renew, revoke, or suspend licenses issued under
this Act, except for willful or wanton misconduct.
Section 65. Statistical report.
(a) By March 1 of each year, the Department 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 licenses issued, revoked, suspended,
denied, and issued after appeal since the last report and in
total and also the number of licenses currently valid. The
report shall also include the number of arrests and convictions
and the types of crimes committed since the last report by
licensees, including the name of any licensee who has been
convicted of a crime, and the type of crime.
(b) 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 license by the Department
on the person's driver's license.
Section 70. Applicant training.
(a) Students in the applicant training course shall provide

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their own safe, functional handgun and factory-loaded
ammunition. The applicant shall complete the requirements of
this Section for each particular make and model of handguns
that the applicant may be licensed to carry.
(b) The applicant training course shall be the standardized
training course approved by the Department. The sheriff, or, if
the applicant resides in the City of Chicago, the
Superintendent may impose additional requirements for the
training course. The course shall be taught by a qualified
firearms instructor, consisting of at least 8 hours of
instruction, covering at least the following topics for each
particular handgun to be carried by the applicant:
(1) handgun safety in the classroom, at home, on the
firing range, or while carrying the firearm;
(2) the basic principles of marksmanship;
(3) care and cleaning of each particular handgun to be
carried by the applicant;
(4) by means of a instruction and videotape produced or
approved by the Department:
(A) the requirements for obtaining a license to
carry a concealed firearm in this State;
(B) laws relating to firearms as prescribed in this
Act, the Firearm Owners Identification Card Act,
Article 24 of the Criminal Code of 2012, and 18 U.S.C.
921 through 930; and
(C) laws relating to the justifiable use of force

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as prescribed in Article 7 of the Criminal Code of
2012.
(5) live firing exercises of sufficient duration for
each applicant to fire each particular handgun to be
carried by the applicant:
(A) a minimum of 50 rounds; and
(B) 30 rounds from a distance of 7 yards and 20
rounds from a distance of 15 yards at a B-21 silhouette
or equivalent target as approved by the Department;
(6) methods for safely storing and securing firearms
and ammunition and preventing access by children and other
unauthorized persons; and
(7) techniques for avoiding a criminal attack and how
to manage a violent confrontation, including conflict
resolution.
(c) Prior to conducting range firing, the course instructor
shall:
(1) inspect each applicant's firearm; and
(2) not allow the firing of a handgun which is not in
sound mechanical condition or otherwise may pose a safety
hazard.
(d) The classroom portion of the course may, at the
qualified firearms instructor's discretion, be divided into
segments of not less than 2 hours each.
(e) Applicant training courses shall not be open to anyone
under the age of 21 and no certificate of completion shall be

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issued to persons less than 21 years of age.
(f) Instructors shall maintain any records for students'
performance for not less than 5 years.
(g) 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; and
(4) not grade the examinations in the presence of
students.
(h) A person shall not:
(1) make an unauthorized copy of the applicant training
course examination, in whole or in part; or
(2) possess the applicant training course examination,
or questions from the examination, unless authorized by the
Department.
(i) During the firearms safety training course, the
applicant must satisfactorily demonstrate to the course
instructor the safe handling of each particular handgun to be
carried by the applicant. This demonstration must include the
proper loading and unloading of the handgun, the proper
engaging and disengaging of common firearm safety mechanisms,

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and the proper firing of the handgun. If the handgun has a
detachable magazine, the demonstration must also include the
proper removal and reattachment of the magazine.
(j) 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
to hit the silhouette portion of the target with 70% of the
30 rounds fired for each particular handgun to be carried
by the applicant.
(k) Certified firearms instructors shall:
(1) allow monitoring of their classes by officials of
any certifying agency;
(2) make any course records available upon demand to
authorized personnel of the Department; and
(3) not divulge course records except as authorized by
the certifying agency.
(l) Fees for applicant training courses shall be set by the
instructor.
(m) 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.

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(n) Within 3 business days after the completion of the
course, the certified firearms instructor shall:
(1) grade the examinations; and
(2) issue to the student:
(A) a certificate of successful course completion;
or
(B) notification that the applicant has failed the
written portion of the course, the live firing portion
of the course, or both, and will not be issued a
certificate of completion.
(o) A student shall be issued a certificate of completion
if he or she:
(1) answers at least 70% of the written examination
questions correctly. The Department shall develop the
written exam not to exceed 50 questions; and
(2) achieves a grade of "passing" on the range work.
(p)(1) Students who score below 70% on the written
examination may retake the examination one time without having
to retake the course.
(2) 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.
(q) For purposes of this Section, successful completion of
Firearms Instructor Training under Section 75 shall meet the
training requirements of this Section if approved by the
sheriff or Superintendent.

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Section 75. Firearms instructors training.
(a) Not later than 90 days after the effective date of this
Act, the Department shall offer and teach courses to qualify
instructors under this Section in each State Police District
that has a suitable gun range. Courses shall be available at
least bi-monthly, or whenever 5 or more individuals request a
class in any State Police District. However, nothing in this
Section shall require a course to be held if there are no
requests pending, and adjoining districts may combine classes
in order to have at least 5 participants.
(b) Persons who are not qualified firearms instructors
shall not teach applicant training courses or advertise or
otherwise represent courses they teach as qualifying their
students to meet the requirements to receive a license under
this Act.
(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 Section 20, and any
additional requirements established by the Department.
(e) Persons wishing to become instructor trainers, in
addition to the requirements of subsection (d) of this Section,

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shall:
(1) possess a high school diploma or GED certificate;
and
(2) have at least one of the following valid firearms
instructor certifications:
(A) certification from a firearms instructor's
course offered by a State or federal governmental
agency; or
(B) a similar firearms instructor qualifying
course, approved by the Director of State Police or his
or her designee.
(f)(1) Persons wishing to become qualified firearms
instructors or instructor trainers shall agree to background
checks.
(2) An applicant to become a qualified firearms
instructor 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 Section 20 of
this Act;
(B) provides false or misleading information on
the application; or
(C) has had a prior instructor qualification
revoked by the Department or other issuing body.
(g) The training course to certify firearms instructors and
instructor trainers shall include:

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(1) At least 16 hours of instruction covering at least
the following topics by means of a videotape produced or
approved by the Department:
(A) the requirements for obtaining a license under
this Act;
(B) laws relating to firearms as contained in this
Act, the Firearm Owners Identification Card Act,
Article 24 of the Criminal Code of 2012, 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 2012;
(D) the conducting of applicant training courses;
(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:
(A) handle and fire a handgun safely and

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accurately;
(B) conduct a function test and safety inspection
of revolvers and pistols;
(C) clean revolvers and pistols; and
(D) 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 meet any
requirements established by the Department, and achieve:
(1) a minimum score of 80% on a written examination
covering the material taught during the classroom portion
of the course; and
(2) a minimum score of 80% on range firing of a handgun
while aiming at a B-21 silhouette target or an equivalent
as approved by the Department, with a minimum of:
(A) 20 rounds from 7 yards; and
(B) 10 rounds from 15 yards; and
(C) a score of "passing" from the course instructor
for demonstrating competency in each of the following:
(i) supervising and conducting live fire;
(ii) cleaning and inspecting handguns; and
(iii) 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

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without having to repeat the course.
(j) Qualified firearms instructor and instructor trainer
certificates shall be valid for 10 years from the date of
issue. Qualified firearms instructors or instructor trainers
may renew their certification by successfully completing a
refresher course offered or approved by the Department.
(k) The fees for instructor courses or refresher courses
shall be $100 per student paid to the Department. 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 handgun and factory-loaded ammunition.
(m) Prior to conducting range firing, the course instructor
shall:
(1) inspect each applicant's firearm; and
(2) not allow the firing of a handgun which is not in
sound mechanical condition or otherwise may pose a safety
hazard.
Section 80. Features of a license.
(a) If an application for a license to carry a concealed
firearm is approved, the Department shall issue to the
applicant a license to carry a concealed firearm on a form
prescribed by the Department which contains the applicant's
name, photograph, residence address, date of birth, a unique
license number, the make, model, caliber or gauge, and serial

09800HB0831ham001 - 41 - LRB098 03658 RLC 44679 a
number of the firearm or firearms to be carried, other personal
information as may be required by the Department, the date the
license expires, and any additional restrictions or conditions
the Department may impose on the applicant's carrying of a
firearm.
(b) A license to carry a concealed firearm issued by the
this State shall not exempt the licensee from the requirements
of a background check, including a check of the National
Instant Criminal Background Check System, upon purchase or
transfer of a firearm.
Section 105. The Freedom of Information Act is amended by
changing Section 7.5 as follows:
(5 ILCS 140/7.5)
Sec. 7.5. Statutory Exemptions. To the extent provided for
by the statutes referenced below, the following shall be exempt
from inspection and copying:
(a) All information determined to be confidential under
Section 4002 of the Technology Advancement and Development Act.
(b) Library circulation and order records identifying
library users with specific materials under the Library Records
Confidentiality Act.
(c) Applications, related documents, and medical records
received by the Experimental Organ Transplantation Procedures
Board and any and all documents or other records prepared by

09800HB0831ham001 - 42 - LRB098 03658 RLC 44679 a
the Experimental Organ Transplantation Procedures Board or its
staff relating to applications it has received.
(d) Information and records held by the Department of
Public Health and its authorized representatives relating to
known or suspected cases of sexually transmissible disease or
any information the disclosure of which is restricted under the
Illinois Sexually Transmissible Disease Control Act.
(e) Information the disclosure of which is exempted under
Section 30 of the Radon Industry Licensing Act.
(f) Firm performance evaluations under Section 55 of the
Architectural, Engineering, and Land Surveying Qualifications
Based Selection Act.
(g) Information the disclosure of which is restricted and
exempted under Section 50 of the Illinois Prepaid Tuition Act.
(h) Information the disclosure of which is exempted under
the State Officials and Employees Ethics Act, and records of
any lawfully created State or local inspector general's office
that would be exempt if created or obtained by an Executive
Inspector General's office under that Act.
(i) Information contained in a local emergency energy plan
submitted to a municipality in accordance with a local
emergency energy plan ordinance that is adopted under Section
11-21.5-5 of the Illinois Municipal Code.
(j) Information and data concerning the distribution of
surcharge moneys collected and remitted by wireless carriers
under the Wireless Emergency Telephone Safety Act.

09800HB0831ham001 - 43 - LRB098 03658 RLC 44679 a
(k) Law enforcement officer identification information or
driver identification information compiled by a law
enforcement agency or the Department of Transportation under
Section 11-212 of the Illinois Vehicle Code.
(l) Records and information provided to a residential
health care facility resident sexual assault and death review
team or the Executive Council under the Abuse Prevention Review
Team Act.
(m) Information provided to the predatory lending database
created pursuant to Article 3 of the Residential Real Property
Disclosure Act, except to the extent authorized under that
Article.
(n) Defense budgets and petitions for certification of
compensation and expenses for court appointed trial counsel as
provided under Sections 10 and 15 of the Capital Crimes
Litigation Act. This subsection (n) shall apply until the
conclusion of the trial of the case, even if the prosecution
chooses not to pursue the death penalty prior to trial or
sentencing.
(o) Information that is prohibited from being disclosed
under Section 4 of the Illinois Health and Hazardous Substances
Registry Act.
(p) Security portions of system safety program plans,
investigation reports, surveys, schedules, lists, data, or
information compiled, collected, or prepared by or for the
Regional Transportation Authority under Section 2.11 of the

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Regional Transportation Authority Act or the St. Clair County
Transit District under the Bi-State Transit Safety Act.
(q) Information prohibited from being disclosed by the
Personnel Records Review Act.
(r) Information prohibited from being disclosed by the
Illinois School Student Records Act.
(s) Information the disclosure of which is restricted under
Section 5-108 of the Public Utilities Act.
(t) All identified or deidentified health information in
the form of health data or medical records contained in, stored
in, submitted to, transferred by, or released from the Illinois
Health Information Exchange, and identified or deidentified
health information in the form of health data and medical
records of the Illinois Health Information Exchange in the
possession of the Illinois Health Information Exchange
Authority due to its administration of the Illinois Health
Information Exchange. The terms "identified" and
"deidentified" shall be given the same meaning as in the Health
Insurance Accountability and Portability Act of 1996, Public
Law 104-191, or any subsequent amendments thereto, and any
regulations promulgated thereunder.
(u) Records and information provided to an independent team
of experts under Brian's Law.
(v) Names and information of people who have applied for or
received Firearm Owner's Identification Cards under the
Firearm Owners Identification Card Act.

09800HB0831ham001 - 45 - LRB098 03658 RLC 44679 a
(w) Personally identifiable information which is exempted
from disclosure under subsection (g) of Section 19.1 of the
Toll Highway Act.
(x) Information which is exempted from disclosure under
Section 5-1014.3 of the Counties Code or Section 8-11-21 of the
Illinois Municipal Code.
(y) Information maintained by the Department of State
Police in accordance with subsection (a) of Section 35 of the
Guns In Public Act, except as authorized by that Act.
(Source: P.A. 96-542, eff. 1-1-10; 96-1235, eff. 1-1-11;
96-1331, eff. 7-27-10; 97-80, eff. 7-5-11; 97-333, eff.
8-12-11; 97-342, eff. 8-12-11; 97-813, eff. 7-13-12; 97-976,
eff. 1-1-13.)
Section 110. The Criminal Code of 2012 is amended by
changing Sections 21-6 and 24-2 as follows:
(720 ILCS 5/21-6) (from Ch. 38, par. 21-6)
Sec. 21-6. Unauthorized Possession or Storage of Weapons.
(a) Whoever possesses or stores any weapon enumerated in
Section 33A-1 in any building or on land supported in whole or
in part with public funds or in any building on such land
without prior written permission from the chief security
officer for such land or building commits a Class A
misdemeanor.
(b) The chief security officer must grant any reasonable

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request for permission under paragraph (a).
(c) This Section does not apply to a person acting lawfully
under the Guns In Public Act.
(Source: P.A. 89-685, eff. 6-1-97.)
(720 ILCS 5/24-2)
Sec. 24-2. Exemptions.
(a) Subsections 24-1(a)(3), 24-1(a)(4), 24-1(a)(10), and
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

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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
Financial and Professional Regulation, if their duties
include the carrying of a weapon under the provisions of
the Private 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. A person shall be
considered eligible for this exemption if he or she has
completed the required 20 hours of training for a private
security contractor, private detective, or private alarm
contractor, or employee of a licensed agency and 20 hours
of required firearm training, and has been issued a firearm
control card by the Department of Financial and
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

09800HB0831ham001 - 48 - LRB098 03658 RLC 44679 a
2004. The firearm control card shall be carried by the
private security contractor, private detective, or private
alarm contractor, or employee of the licensed agency at all
times when he or she is 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 Financial
and Professional Regulation; provided that such security
guard has successfully completed a course of study,
approved by and supervised by the Department of Financial
and 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 Financial and Professional
Regulation. Conditions for the renewal of firearm control
cards issued under the provisions of this Section shall be

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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. The 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
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 Financial and 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

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training, and has been issued a firearm control card by the
Department of Financial and 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
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,

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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
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.

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(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 or possessing any pistol, revolver, stun
gun or taser or other firearm on the land or in the legal
dwelling of another adult person as an invitee with that
adult's person's permission to carry a concealed firearm.
(6) Carrying a concealed firearm in accordance with the
Guns In Public 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.
(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

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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,
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

09800HB0831ham001 - 54 - LRB098 03658 RLC 44679 a
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.
(7) A person possessing a rifle with a barrel or
barrels less than 16 inches in length if: (A) the person
has been issued a Curios and Relics license from the U.S.
Bureau of Alcohol, Tobacco, Firearms and Explosives; or (B)
the person is an active member of a bona fide, nationally
recognized military re-enacting group and the modification
is required and necessary to accurately portray the weapon
for historical re-enactment purposes; the re-enactor is in
possession of a valid and current re-enacting group
membership credential; and the overall length of the weapon
as modified is not less than 26 inches.
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

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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
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

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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
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, these devices shall be detached from any weapon
or not immediately accessible.
(g-6) Subsections 24-1(a)(4) and 24-1(a)(10) and Section
24-1.6 do not apply to or affect any parole agent or parole
supervisor who meets the qualifications and conditions
prescribed in Section 3-14-1.5 of the Unified Code of
Corrections.
(g-7) Subsection 24-1(a)(6) does not apply to a peace
officer while serving as a member of a tactical response team

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or special operations team. A peace officer may not personally
own or apply for ownership of a device or attachment of any
kind designed, used, or intended for use in silencing the
report of any firearm. These devices shall be owned and
maintained by lawfully recognized units of government whose
duties include the investigation of criminal acts.
(g-10) Subsections 24-1(a)(4), 24-1(a)(8), and
24-1(a)(10), and Sections 24-1.6 and 24-3.1 do not apply to an
athlete's possession, transport on official Olympic and
Paralympic transit systems established for athletes, or use of
competition firearms sanctioned by the International Olympic
Committee, the International Paralympic Committee, the
International Shooting Sport Federation, or USA Shooting in
connection with such athlete's training for and participation
in shooting competitions at the 2016 Olympic and Paralympic
Games and sanctioned test events leading up to the 2016 Olympic
and Paralympic Games.
(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,

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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
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. 96-7, eff. 4-3-09; 96-230, eff. 1-1-10; 96-742,
eff. 8-25-09; 96-1000, eff. 7-2-10; 97-465, eff. 8-22-11;
97-676, eff. 6-1-12; 97-936, eff. 1-1-13; 97-1010, eff. 1-1-13;
revised 8-23-12.)
Section 999. Effective date. This Act takes effect upon
becoming law.".