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

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

---

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

---

Rep. Lou Lang

Filed: 2/25/2013

09800HB1155ham005 LRB098 08475 MRW 41603 a
AMENDMENT TO HOUSE BILL 1155
AMENDMENT NO. ______. Amend House Bill 1155, AS AMENDED, by
inserting the following in its proper numeric sequence:
"Section 135. Firearm carry prohibition; gaming facility.
(a) No person may knowingly carry a firearm into any gaming
facility or any adjacent property or parking lot area under
control of or owned by a gaming facility licensed under the
Riverboat Gambling Act or the Horse Racing Act of 1975.
(b) No person may knowingly carry a firearm into any
licensed establishment, licensed truck stop establishment,
licensed fraternal establishment, or licensed veterans
establishment licensed under the Video Gaming Act or any
adjacent property or parking lot area under the control of or
owned by a licensed establishment, licensed truck stop
establishment, licensed fraternal establishment, or licensed
veterans establishment licensed under the Video Gaming Act.
(c) The exemptions and provisions in subsections (a), (b),

09800HB1155ham005 - 2 - LRB098 08475 MRW 41603 a
(f), (g-6), (g-10), (h), and (i) of Section 24-2 of the
Criminal Code of 2012 apply to this Section.
(d) 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.
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

09800HB1155ham005 - 3 - LRB098 08475 MRW 41603 a
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 subsections (a) and (b) of this Section are sensitive places
and the prohibition on the carrying of firearms will promote
public safety in these sensitive places.".