Bill Text: IL HB3461 | 2015-2016 | 99th General Assembly | Introduced

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Bill Title: Amends the Firearm Concealed Carry Act. Provides that the owner of a business that allows a licensee to carry a firearm into his or her business establishment is not criminally or civilly liable for any acts or omissions that arise from the licensee carrying a firearm into the business establishment. Effective immediately.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2015-03-27 - Rule 19(a) / Re-referred to Rules Committee [HB3461 Detail]

Download: Illinois-2015-HB3461-Introduced.html

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99TH GENERAL ASSEMBLY State of Illinois 2015 and 2016 HB3461 Introduced , by Rep. Charles E. Meier SYNOPSIS AS INTRODUCED:
430 ILCS 66/65
Amends the Firearm Concealed Carry Act. Provides that the owner of a business that allows a licensee to carry a firearm into his or her business establishment is not criminally or civilly liable for any acts or omissions that arise from the licensee carrying a firearm into the business establishment. Effective immediately.
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A BILL FOR
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AN ACT concerning safety.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Firearm Concealed Carry Act is amended by
changing Section 65 as follows:
(430 ILCS 66/65)
Sec. 65. Prohibited areas.
(a) A licensee under this Act shall not knowingly carry a
firearm on or into:
(1) Any building, real property, and parking area under
the control of a public or private elementary or secondary
school.
(2) Any building, real property, and parking area under
the control of a pre-school or child care facility,
including any room or portion of a building under the
control of a pre-school or child care facility. Nothing in
this paragraph shall prevent the operator of a child care
facility in a family home from owning or possessing a
firearm in the home or license under this Act, if no child
under child care at the home is present in the home or the
firearm in the home is stored in a locked container when a
child under child care at the home is present in the home.
(3) Any building, parking area, or portion of a

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building under the control of an officer of the executive
or legislative branch of government, provided that nothing
in this paragraph shall prohibit a licensee from carrying a
concealed firearm onto the real property, bikeway, or trail
in a park regulated by the Department of Natural Resources
or any other designated public hunting area or building
where firearm possession is permitted as established by the
Department of Natural Resources under Section 1.8 of the
Wildlife Code.
(4) Any building designated for matters before a
circuit court, appellate court, or the Supreme Court, or
any building or portion of a building under the control of
the Supreme Court.
(5) Any building or portion of a building under the
control of a unit of local government.
(6) Any building, real property, and parking area under
the control of an adult or juvenile detention or
correctional institution, prison, or jail.
(7) Any building, real property, and parking area under
the control of a public or private hospital or hospital
affiliate, mental health facility, or nursing home.
(8) Any bus, train, or form of transportation paid for
in whole or in part with public funds, and any building,
real property, and parking area under the control of a
public transportation facility paid for in whole or in part
with public funds.

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(9) Any building, real property, and parking area under
the control of an establishment that serves alcohol on its
premises, if more than 50% of the establishment's gross
receipts within the prior 3 months is from the sale of
alcohol. The owner of an establishment who knowingly fails
to prohibit concealed firearms on its premises as provided
in this paragraph or who knowingly makes a false statement
or record to avoid the prohibition on concealed firearms
under this paragraph is subject to the penalty under
subsection (c-5) of Section 10-1 of the Liquor Control Act
of 1934.
(10) Any public gathering or special event conducted on
property open to the public that requires the issuance of a
permit from the unit of local government, provided this
prohibition shall not apply to a licensee who must walk
through a public gathering in order to access his or her
residence, place of business, or vehicle.
(11) Any building or real property that has been issued
a Special Event Retailer's license as defined in Section
1-3.17.1 of the Liquor Control Act during the time
designated for the sale of alcohol by the Special Event
Retailer's license, or a Special use permit license as
defined in subsection (q) of Section 5-1 of the Liquor
Control Act during the time designated for the sale of
alcohol by the Special use permit license.
(12) Any public playground.

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(13) Any public park, athletic area, or athletic
facility under the control of a municipality or park
district, provided nothing in this Section shall prohibit a
licensee from carrying a concealed firearm while on a trail
or bikeway if only a portion of the trail or bikeway
includes a public park.
(14) Any real property under the control of the Cook
County Forest Preserve District.
(15) Any building, classroom, laboratory, medical
clinic, hospital, artistic venue, athletic venue,
entertainment venue, officially recognized
university-related organization property, whether owned or
leased, and any real property, including parking areas,
sidewalks, and common areas under the control of a public
or private community college, college, or university.
(16) Any building, real property, or parking area under
the control of a gaming facility licensed under the
Riverboat Gambling Act or the Illinois Horse Racing Act of
1975, including an inter-track wagering location licensee.
(17) Any stadium, arena, or the real property or
parking area under the control of a stadium, arena, or any
collegiate or professional sporting event.
(18) Any building, real property, or parking area under
the control of a public library.
(19) Any building, real property, or parking area under
the control of an airport.

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(20) Any building, real property, or parking area under
the control of an amusement park.
(21) Any building, real property, or parking area under
the control of a zoo or museum.
(22) Any street, driveway, parking area, property,
building, or facility, owned, leased, controlled, or used
by a nuclear energy, storage, weapons, or development site
or facility regulated by the federal Nuclear Regulatory
Commission. The licensee shall not under any circumstance
store a firearm or ammunition in his or her vehicle or in a
compartment or container within a vehicle located anywhere
in or on the street, driveway, parking area, property,
building, or facility described in this paragraph.
(23) Any area where firearms are prohibited under
federal law.
(a-5) Nothing in this Act shall prohibit a public or
private community college, college, or university from:
(1) prohibiting persons from carrying a firearm within
a vehicle owned, leased, or controlled by the college or
university;
(2) developing resolutions, regulations, or policies
regarding student, employee, or visitor misconduct and
discipline, including suspension and expulsion;
(3) developing resolutions, regulations, or policies
regarding the storage or maintenance of firearms, which
must include designated areas where persons can park

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vehicles that carry firearms; and
(4) permitting the carrying or use of firearms for the
purpose of instruction and curriculum of officially
recognized programs, including but not limited to military
science and law enforcement training programs, or in any
designated area used for hunting purposes or target
shooting.
(a-10) The owner of private real property of any type may
prohibit the carrying of concealed firearms on the property
under his or her control. The owner must post a sign in
accordance with subsection (d) of this Section indicating that
firearms are prohibited on the property, unless the property is
a private residence.
(b) Notwithstanding subsections (a), (a-5), and (a-10) of
this Section except under paragraph (22) or (23) of subsection
(a), any licensee prohibited from carrying a concealed firearm
into the parking area of a prohibited location specified in
subsection (a), (a-5), or (a-10) of this Section shall be
permitted to carry a concealed firearm on or about his or her
person within a vehicle into the parking area and may store a
firearm or ammunition concealed in a case within a locked
vehicle or locked container out of plain view within the
vehicle in the parking area. A licensee may carry a concealed
firearm in the immediate area surrounding his or her vehicle
within a prohibited parking lot area only for the limited
purpose of storing or retrieving a firearm within the vehicle's

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trunk, provided the licensee ensures the concealed firearm is
unloaded prior to exiting the vehicle. For purposes of this
subsection, "case" includes a glove compartment or console that
completely encloses the concealed firearm or ammunition, the
trunk of the vehicle, or a firearm carrying box, shipping box,
or other container.
(c) 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 under subsection (a),
(a-5), or (a-10) of this Section if the concealed firearm 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 all other applicable provisions of
law.
(d) Signs stating that the carrying of firearms is
prohibited shall be clearly and conspicuously posted at the
entrance of a building, premises, or real property specified in
this Section as a prohibited area, unless the building or
premises is a private residence. Signs shall be of a uniform
design as established by the Department and shall be 4 inches
by 6 inches in size. The Department shall adopt rules for
standardized signs to be used under this subsection.
(e) The owner of a business that allows a licensee to carry
a firearm into his or her business establishment is not
criminally or civilly liable for any acts or omissions that
arise from the licensee carrying a firearm into the business

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establishment. In this subsection (e):
"Business" means a for-profit, legal entity in
Illinois including, but not limited to, any sole
proprietorship, partnership, corporation, joint venture,
association or cooperative.
"Business establishment" means any building or real
property in which a business is conducted.
(Source: P.A. 98-63, eff. 7-9-13.)
Section 99. Effective date. This Act takes effect upon
becoming law.