Bill Text: IL HB1155 | 2013-2014 | 98th General Assembly | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Amends the Criminal Code of 2012. Makes a technical change in a Section concerning the unlawful use of weapons.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2014-12-03 - Session Sine Die [HB1155 Detail]

Download: Illinois-2013-HB1155-Amended.html

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Rep. Barbara Flynn Currie

Filed: 2/25/2013

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AMENDMENT TO HOUSE BILL 1155
AMENDMENT NO. ______. Amend House Bill 1155, AS AMENDED, by
inserting the following in its proper numeric sequence:
"Section 100. Firearm carry prohibition; State and local
government.
(a) No person may knowingly carry a firearm into any
building under the control of the State, General Assembly,
General Assembly support service agency, including a building
in which a committee of the General Assembly convenes for the
purpose of conducting meetings of committees, joint
committees, legislative commissions, and any property or
parking lot area under control of the General Assembly that is
adjacent to or near a prohibited building in this Section.
(b) No person may knowingly carry a firearm into any
building owned or occupied by a governing body of a unit of
local government, or any property or parking lot area adjacent
to or near a local government building. For the purposes of

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this Section, "unit of local government" means a county,
municipality, township, special district, and unit, designated
as a unit of local government by law, which exercises limited
governmental powers or powers in respect to limited
governmental subjects, but does not include a school district.
(c) No person may knowingly carry a firearm into any
building under control of the Governor, Lieutenant Governor,
Attorney General, Secretary of State, Comptroller, or
Treasurer, and any property or parking lot area adjacent to or
near a prohibited building in this Section.
(d) No person may knowingly carry a firearm into any
police, sheriff, State Police, or firefighting office or
station, or onto any adjacent property or parking lot areas
under the control of a police, sheriff, State Police, or
firefighting office or station, without the consent of the
chief law enforcement officer or chief firefighting officer in
charge of that office or station, unless employed by the
police, sheriff, State Police, or firefighting office or
station and authorized by the chief law enforcement officer or
chief firefighting officer to carry a firearm.
(e) No person may knowingly carry a firearm into any adult
or juvenile detention or correctional institution, prison, or
jail, or onto any adjacent property or parking lot area under
the control of an adult or juvenile detention or correctional
institution, prison, or jail, unless employed there and
otherwise authorized to carry a firearm.

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(f) No person may knowingly carry a firearm into any
courthouse or part of a building that is occupied by the
Circuit, Appellate, or Supreme Court, any room designated for
court proceedings by any of these courts, and any property or
parking lot area adjacent to or near courthouses and court
buildings.
(g) The exemptions and provisions in subsections (a), (b),
(f), (g-6), (g-10), (h), and (i) of Section 24-2 of the
Criminal Code of 2012 apply to this Section.
(h) The United States Supreme Court in District of Columbia
v. Heller, 554 U.S. 570, 128 S.Ct. 2783 (2008) has recognized
that the Second Amendment to the United States Constitution
does not confer an unlimited right and that states may prohibit
the carrying of firearms in sensitive places. The Supreme Court
stated in the Heller decision: "Although we do not undertake an
exhaustive historical analysis today of the full scope of the
Second Amendment, nothing in our opinion should be taken to
cast doubt on longstanding prohibitions on the possession of
firearms by felons and the mentally ill, or laws forbidding the
carrying of firearms in sensitive places such as schools and
government buildings . . ." The Supreme Court also noted in a
footnote referencing this statement in the Heller decision
that: "We identify these presumptively lawful regulatory
measures only as examples; our list does not purport to be
exhaustive." This recognition was reiterated by the U. S.
Supreme Court in McDonald v. the City of Chicago, 561 U.S.

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3025, 130 S.Ct. 3020 (2010), which incorporated the Second
Amendment against state action. The Supreme Court again stated:
"We made it clear in Heller that our holding did not cast doubt
on such longstanding regulatory measures as "prohibitions on
the possession of firearms by felons and the mentally ill,"
"laws forbidding the carrying of firearms in sensitive places
such as schools and government buildings . . . We repeat those
assurances here." Further, the federal 7th Circuit Court of
Appeals in Moore v. Madigan, 702 F.3d. 933 (7th Cir., 2012)
cited the "sensitive place" statement of the Supreme Court in
both the Heller and McDonald decisions and concluded: "That a
legislature can forbid the carrying of firearms in schools and
government buildings means that any right to possess a gun for
self-defense outside the home is not absolute, and it is not
absolute by the Supreme Court's own terms." Therefore, the
General Assembly finds that the places or locations set forth
in this Section are sensitive places and the prohibition on the
carrying of firearms will promote public safety in these
sensitive places.".