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. Brandon W. Phelps

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 10. Handgun carry licensing.
(a) For the purposes of this Act:
"Firearm" means any device, by whatever name known, which
is designed to expel a projectile or projectiles by the action
of an explosion, expansion of gas or escape of gas; excluding,
however:
(1) any pneumatic gun, spring gun, paint ball gun, or
B-B gun which expels a single globular projectile not
exceeding .18 inch in diameter or which has a maximum
muzzle velocity of less than 700 feet per second;
(2) any pneumatic gun, spring gun, paint ball gun, or
B-B gun which expels breakable paint balls containing
washable marking colors;
(3) any device used exclusively for signalling or

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safety and required or recommended by the United States
Coast Guard or the Interstate Commerce Commission;
(4) any device used exclusively for the firing of stud
cartridges, explosive rivets or similar industrial
ammunition; and
(5) an antique firearm (other than a machine-gun)
which, although designed as a weapon, the Department of
State Police finds by reason of the date of its
manufacture, value, design, and other characteristics is
primarily a collector's item and is not likely to be used
as a weapon.
"Handgun" means a firearm designed to be held and fired by
the use of a single hand, and includes a combination of parts
from which that type of firearm can be assembled.
(b) Except as provided in subsection (c) of this Section,
the Department of State Police shall issue or renew a handgun
carry license to a resident of this State or non-resident who:
(1) is at least 21 years of age;
(2) has a valid Firearm Owner's Identification Card or,
if applying for a non-resident license, has a notarized
document stating that the applicant is eligible under
federal law and the laws of his or her home state to
possess a firearm;
(3) is not prohibited under the Firearm Owners
Identification Card Act or federal law from possessing or
receiving a firearm;

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(4) is not the subject of a pending arrest warrant,
prosecution, or proceeding for an offense or action that
will lead to disqualification under subparagraph (3) of
this subsection (b);
(5) does not chronically or habitually abuse alcoholic
beverages, which means that within the 5 years immediately
preceding the application the applicant:
(A) has been in residential or court-ordered
treatment for alcoholism or alcohol detoxification; or
(B) has one or more convictions or supervision
dispositions for driving while under the influence or
driving while intoxicated as defined in Section 11-501
of the Illinois Vehicle Code or similar law; and
(6) has completed firearms safety training and any
educational component required in this Act;
(7) has submitted a complete application and any other
documentation required by this Act; and
(8) has submitted the required fees.
(c) The Department of State Police shall provide the
sheriff of the county where the applicant resides with a copy
of the applicant's handgun carry application within 3 days of
receipt of the application. The sheriff may, within 14 days of
receiving the application file an objection to the issuance of
a handgun carry license to the applicant. The sheriff's
objection must be in writing and state specific reasons for
denial of the application. The Department of State Police may

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consider an objection to an application by the sheriff, if the
objection and any reports submitted to the Department by the
sheriff are disclosed to the applicant unless disclosure would
interfere with a criminal investigation, or as determined by
the Department, disclosure may threaten the safety or welfare
of the sheriff. If the Department of State Police determines,
based on the sheriff's objections, to deny the application, the
Department shall notify the applicant and the sheriff 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 and submit additional materials and
documentation relevant to the grounds for denial to the
Department. Upon receiving the additional materials and
documentation, the Department of State Police shall reconsider
its decision and inform the applicant within 30 days of the
result of the reconsideration. If upon reconsideration the
Department denies the application, the applicant must be
informed of the his or her right to administrative review of
the denial.
(d) A handgun carry licensee shall possess and carry the
license at all times the licensee carries a handgun, in the
manner provided in this Act, except when he or she:
(1) is on his or her land or in his or her abode or
legal dwelling or in the abode or legal dwelling of another
person as an invitee with that person's permission;
(2) is otherwise authorized to carry a handgun or

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firearm under Section 24-2 of the Criminal Code of 2012; or
(3) the handgun is broken down in a non-functioning
state, is not immediately accessible, or is enclosed in a
case, firearm carrying box, shipping box, or any other
container.
(e) Upon being stopped or detained by a peace officer, the
licensee shall inform the officer that he or she is carrying a
handgun under the provisions of this Act and provide the
license to the officer. If requested by the officer, the
licensee shall in a safe manner turn the handgun over to the
officer for the remainder of the stop or detention.
(f) A handgun carry license does not authorize the carrying
of any other non-handgun firearm.
(g) Handgun carry license exemption.
(1) This Section does not apply to or affect any of the
following:
(A) Peace officers, and any person summoned by a
peace officer to assist in making arrests or preserving
the peace, while actually engaged in assisting the
officer.
(B) 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.

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(C) 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.
(D) 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.
(E) 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 the 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

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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
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.
(F) 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 that 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 this security
guard has successfully completed a course of study,

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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
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.
(G) 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) of the Criminal
Code of 2012, while on duty in the course of any
investigation for the Commission.
(H) Persons employed by a financial institution
for the protection of other employees and property

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related to that 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 the financial institution, provided the
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 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 subparagraph 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. This
firearm control card shall be carried by the person so
trained at all times when the person is in possession
of a concealable weapon. For purposes of this
subparagraph, "financial institution" means a bank,
savings and loan association, credit union or company

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providing armored car services.
(I) Any person employed by an armored car company
to drive an armored car, while actually engaged in the
performance of his or her duties.
(J) Persons who have been classified as peace
officers under the Peace Officer Fire Investigation
Act.
(K) 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 under Section
7.06 of the State's Attorneys Appellate Prosecutor's
Act.
(L) Special investigators appointed by a State's
Attorney under Section 3-9005 of the Counties Code.
(M) 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.
(N) 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.
(O) A person employed as an armed security guard at
a nuclear energy, storage, weapons, or development

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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.
(P) Manufacture, transportation, or sale of
weapons to persons authorized under subparagraphs (A)
through (O) of this subsection to possess those
weapons.
(Q) 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 these ranges, while the members or
patrons are using their firearms on those target
ranges.
(R) Duly authorized military or civil
organizations while parading, with the special
permission of the Governor.
(S) Hunters, trappers or fishermen with a license
or permit while engaged in hunting, trapping or
fishing.
(T) Transportation of weapons that are broken down
in a non-functioning state or are not immediately
accessible.
(U) Carrying or possessing any pistol, revolver,
or other firearm on the land or in the legal dwelling
of another person as an invitee with that person's

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permission.
(V) 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.
(W) 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 this
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.
(2) An information or indictment based upon any
violation of this Act need not negative any exemptions
contained in this subsection. The defendant shall have the
burden of proving that exemption.
(3) Nothing in this Section shall prohibit, apply to,
or affect the transportation, carrying, or possession, of
any pistol or revolver, or other firearm consigned to a
common carrier operating under license of this State or the
federal government, where the transportation, carrying, or
possession is incident to the lawful transportation in
which the common carrier is engaged; and nothing in this
Act shall prohibit, apply to, or affect the transportation,

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carrying, or possession of any pistol, revolver, or other
firearm, not the subject of and regulated by subsection
24-1(a)(7) or subsection 24-2(c) of the Criminal Code of
2012, which is unloaded and enclosed in a case, firearm
carrying box, shipping box, or other container, by the
possessor of a valid Firearm Owner's Identification Card.
(h) The Department of State Police shall adopt rules
necessary to implement the provisions of this Section.".